In North Carolina, if the parties cannot agree to separate then a party can seek a divorce from bed and board. This claim allows the court to step in and judicially determine the right of a party to cease living with their spouse. In order for the court to make that determination it will need to hear evidence of grounds to cease living together. There are several grounds upon which a court can grant a divorce from bed and board, including, but not limited to: adultery, abandonment and indignities that are intolerable in nature making life a burden to endure.
Below are the three things you should know if you are seeking a divorce from bed and board.
A Divorce from Bed and Board is Different from an Absolute Divorce
A divorce from bed and board gives permission to cease living together. Therefore it brings about a judicial separation. However, it does not terminate the marriage. If the court grants that relief then the parties are still married but they are allowed to separate and live independently of one another.
Resulting Issues After the Divorce from Bed and Board
It is important to understand that other claims may be the natural result of obtaining a divorce from bed and board. For example, what if the couple has children? If the parties could not agree to physically separate it may be because they could not agree on a custodial schedule for the children. Therefore the court will likely need to address the custody schedule for the minor children when the claim for divorce from bed and board is heard.
Another very common occurrence is that the parties actually agree that a separation is best but they cannot agree who should move out of the house. Perhaps they have been told they lose their rights to the house if they move. Speaking with an experience divorce attorney will help clarify important concerns regarding rights to marital property.
A Legal Team May be Helpful if Seeking Divorce from Bed and Board
The burden of proof on the grounds for a divorce from bed and board is on the party who filed the claim. You may know the facts, circumstances and events that prove the claim; however, an experience divorce attorney may be needed to properly get that proof before the court. The rules of court and rules of evidence apply to all who seek relief from the court. It may not be wise to attempt this process alone, especially at a time when emotions are running high and so much is at stake.
Instead, let a certified specialist in family law at Williams Law Group in Cary, NC assist you. Call us at 919-773-1440 or contact us online to set up a consultation so you can discuss your case with a lawyer.
