North Carolina allows for no-fault divorce. In the ideal world, ending a marriage doesn’t have to be complicated for belligerent spouses. However, divorces are rarely that simple. Separating spouses must decide on important things, including child support, child custody, and distribution of assets. So, what exactly is a divorce from bed and board in North Carolina? In simple words, this is a variation of fault-based divorce, but this isn’t absolute divorce. It is wise to consult a Charlotte divorce attorney to know how this may work for your circumstances. Below is an overview of “divorce from bed and board”.
When to consider divorce from bed and board?
Like we mentioned, divorce from bed and board is a variation of fault-based divorce. If a spouse has abandoned the family, committed adultery, has maliciously forced the other spouse to leave, the latter can file for a divorce from bed and board. This is also an option in cases involving mistreatment and alcohol/drug abuse. The spouse, who has been hurt by the action of another spouse, can tell the court about marital misconduct. They must also prove that the spouse was not provoked into action. If the court is satisfied, it will pass a divorce judgment. The divorce judgment ensures that the couple can live separately now.
How is this different from absolute divorce?
In many ways, divorce from bed and board is a partial divorce. In NC, separating spouses must have lived separately and apart for at least one year, in two different residences, before they can file for divorce. In case of divorce from bed and board, the couple has to wait for a year, before they can file for absolute divorce.
Consult a Charlotte divorce attorney
If you don’t understand family law, or want to know more on both absolute divorce and divorce from bed and board, contact an attorney. There are many family law attorneys in Charlotte, and the right lawyer can simplify things to a large extent. If you are suffering domestic violence, mistreatment, or your spouse has cheated on you, consult an attorney, because you may need evidence to get a divorce from bed and board.
The first meeting with a divorce attorney is the most important one. Ensure that the lawyer has experience with similar cases, and they must be accessible at all times. You can also ask the lawyer for a few references, or just check for reviews on Google.