Choosing to end a marriage is not typically an easy decision to make, and things can become even more difficult as you and your soon-to-be ex-spouse try to come to terms about the actual divorce process. If you do not have a mutual agreement about parting ways, it can present a whole different problem. In situations like this, seeking a divorce from bed and board may be your best option.
Not to be confused with an absolute divorce, which is the complete dissolution of marriage after one year of separation, a divorce from bed and board in North Carolina refers to the request of one spouse to have the other legally ordered to leave the marital home. This will begin the period of separation that is needed before the marriage can be terminated.
How a Divorce From Bed and Board Works
North Carolina has strict provisions about filing for a divorce from bed and board. If one spouse is going to petition for this kind of separation, they must allege and prove that the other spouse is at fault for committing one of the following acts, and as a result, has damaged the marriage beyond repair:
- Cruel or barbarous treatment
- Excessive use of drugs or alcohol
- Indignities (actions that cause the other spouse to live in constant turmoil)
- Maliciously forcing their spouse out of the house
When a judge decides to grant the divorce from bed and board motion, it will mean the at-fault spouse will be forced to leave the home the couple shares together, if they will not leave of their own accord.
For more information about a divorce from bed and board, schedule a consultation with Emblem Legal today.