Learn the Ins and Outs of Divorce from Bed and Board in NC


What is Divorce from Bed and Board in NC?

Divorce is hardly ever an easy decision to make. For North Carolina residents, there are a couple of options to consider when a marriage no longer seems to be working out. An absolute divorce is the standard process of discontinuing marital vows where each party goes their separate ways without either claiming their spouse to be at fault for the dissolution of the relationship. The alternative is known as a divorce from bed and board. Obtaining a divorce from bed and board in NC can be a tricky procedure, if you don’t have expert counsel to walk you through what it all means. Fortunately, the family law attorneys at Emblem Legal are well-versed and experienced in these types of situations, which helps their clients make a much smoother transition out of daily married life.

What Does it Mean to Get a Divorce from Bed and Board?

If you aren’t familiar with the term, it can be a bit confusing at first to learn exactly what a divorce from bed and board in NC entails, as this will not actually grant anyone a divorce, but rather a legal separation. This means the two parties will still be legally married under contract, but it will change the terms of access to one another’s assets. 

What Are the Grounds For Filing a Divorce From Bed and Board?

Another difference between an absolute divorce and a divorce from bed and board is that the latter is based on the fault of one of the partners in marriage. The filing spouse must be able to show that there are grounds for a divorce from bed and board in NC due to at least one of six types of marital misconduct. A petition may be recognized for abandonment, maliciously keeping the plaintiff from the home, treatment of the plaintiff in a way that is deemed cruel or barbarous and puts their life in danger, a pattern of treating the plaintiff with indignity, excessive use of drugs and/or alcohol, and infidelity. 

Why Choose to Get a Divorce From Bed and Board?

There are a few different reasons why getting a divorce from bed and board in NC may be a better solution for some people than an absolute divorce. This is often the case when one party wants a separation but the other will not cooperate. This will help legally remove them from the home and settle matters of alimony and child support. The ability to maintain health insurance benefits and religious beliefs are other factors that can make a divorce from bed and board a more appealing option.

What Are the Consequences of a Divorce From Bed and Board?

When a divorce from bed and board in NC is granted, it will uphold the rights of the plaintiff spouse, while changing the at-fault spouse’s rights in several ways. There will no longer be the right to co-habitate, to inherit anything from the other spouse, to petition for an elective share of the other spouse’s estate, to homestead, to dissent from the other spouse’s will, or to administer the other spouse’s estate.

If you believe that a divorce from bed and board in NC is the right path for you to take, don’t hesitate to call Emblem Legal for more information and guidance.