[Maxfli]

Hopefully, this will be an easy one where the law is concerned in NC. Me and my wife recently separated in January 09. The attorney that handled the separation agreement told us and included in the agreement that we were both free to carry on our own lives as if we were single. I have recently become concerned that my ex-wife is no longer satisfied with the agreement and might be attempting to change the agreement. When I had someone review the agreement, he noted several mistakes in wording, etc that represented poor legal work. He also told me that there was no such thing as a separation agreement allowing either spouse to break the law with adultery. He added that we were both free to see whom ever we'd like, but in the eyes of NC law we were still married and any sexual relationship with constitute adultery. My ex-wife has already admitted to having sex with her boyfriend and I'm reall not surprised. I ask because I am not currently involved with anyone on that level, but I'd still like to know just in case. The last thing I want to do is create more trouble for myself down the road. Hopefully, someone can tell me if this is true or not in reference to it being adultery or not. When you gt conflicting information from two attorneys, how do you know what's right?

[ScottGem]

This page should answer most of your questions:

Separation Agreement Survival Guide

Especially see Question 27.

However, I question the emphasis given in the answer. This was discussed recently and the consensus is that no one is prosecuted for adultery anymore. While adultery laws are still on the books, they are never used for criminal prosecution.

The advantage of formal separation in NC is that it allows you to get a no fault divorce after one year of living apart and protects the parties during that period.

Otherwise you would have to file for divorce using one of the grounds listed here:
Divorce Support - North Carolina Grounds for Divorce