Many couples, often with the help of mediation or counseling, make a decision to preserve their marriage.Since a legal separation does not definitively end the marriage, reconciliation is always an option.
However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered.
This could create hostility and complicate negotiations on matters such as alimony or custody. It is not against the law to date another person while still married.
The welfare of children is the guiding factor in North Carolina custody agreements.
Yes, you can have a relationship with another person while you are separated and waiting on your divorce to be final.
The agreement will spell out legal and physical custody, visitation, child support and how vacation times will be shared between the parents.
The terms of that agreement must serve the best interests of the children above all, and can later be modified if there is proof that the current agreement does not do so.
Some of these may involve further legal action in addition to the separation.
For example, in the case of domestic violence, (cruel or barbarous treatment), you may need to file a specific domestic violence action and obtain a restraining order for your own protection.
In fact, the separation agreement should specify what will happen if the couple no longer wants to be separated.