Charlotte Divorce Lawyer Blog
Divorce From Bed and Board: What You Need to Know
When you get married, you do not expect it to end in divorce. Unfortunately, sometimes things happen, and you need to end your union. In North Carolina, there are two types of divorce: absolute divorce and divorce from bed and board. Absolute divorce is a typical divorce that ends the marriage. Divorce from bed and board is not the same. It is more similar to a legal separation. Before you determine how to proceed with your decision to end your union, you will want to understand what divorce from bed and board means.
What is Divorce From Bed and Board?
Divorce from bed and board allows for a legal separation and terminates the legal obligations between spouses. Importantly, it does not legally end the marriage. A couple who is divorced from bed and board are not able to legally marry anyone else. In order to remarry, you would need to obtain an absolute divorce. Divorce from bed and board is based on marital fault, called grounds for divorce from bed and board.
Grounds for Divorce from Bed and Board
Unlike absolute divorce, which does not require grounds, divorce from bed and board allows for the assertion of wrongdoing. One party may request divorce from bed and board based on various reasons, called grounds. These include:
- Abandonment
- Maliciously Turning Out a Spouse
- Cruel Treatment
- Intolerable Conditions
- Excessive Use of Drugs or Alcohol
- Adultery
It is important to note that an absolute divorce is “no-fault” and there are no grounds except that the marriage is irretrievably broken due to irreconcilable differences.
Are There Advantages to Seeking Divorce From Bed and Board?
There may be some reasons why a spouse may wish to seek divorce from bed and board. First and foremost, divorce from bed and board will end the right to live together as a married couple. This may help when one spouse refuses to leave, particularly when there may be some allegations of cruel or malicious treatment or when substance abuse is involved. The complaining spouse may seek to continue to live in the home. This is different from absolute divorce, which requires couples to live apart for at least a full year before they can end their marriage.
Divorce from bed and board will effectively resolve financial issues so that the couple will no longer be legally responsible for each other. There are some instances where a couple wishes to live separate lives but do not want to get an absolute divorce due to religious beliefs. When a couple is divorced from bed and board, they no longer have the right to inherit from the other unless it is specified in a will.
Requirements for Divorce From Bed and Board
To file for divorce from bed and board, at least one of the parties must have lived in North Carolina for the six months immediately prior to filing. The complaining spouse will file an action in the district court in their jurisdiction. The other spouse will then receive a summons that informs them of the complaint. The complaint includes the grounds for divorce from bed and board. A court date will be set and will be heard by a judge. Either party has the right to request a jury trial. Divorce from bed and board can be accomplished much faster than an absolute divorce. Couples may later decide to seek an absolute divorce.
If you are considering divorce, it is helpful to consult with an experienced attorney to discuss your options for either an absolute divorce or divorce from bed and board. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation today.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-7.html
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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