The decision to end a marriage is never an easy one and the law recognizes this fact. There are specific requirements that must be fulfilled for a divorce to go through. One of them is the consent of both parties. However, there are some instances when this is not possible or is deemed unnecessary, such as when one spouse bears the responsibility for breaking up the marriage due to mistreatment, infidelity or other legally defined circumstances which we’ll discuss in this post. This legal provision is called Divorce from Bed and Board.
First of all, you need to understand what Divorce from Bed and Board means. The following post gives a good basic understanding:
What is a Divorce from Bed and Board?
A divorce from bed and board is a legal action between married couples. Contrary to what it sounds like, a divorce from bed and board is NOT a divorce. Instead, it is a legal separation that alters a couple’s marital status. Unfortunately, this type of separation does not arise from amicable circumstances. Instead, it is a “fault-based” legal separation in which one spouse has engaged in conduct that harmed the other spouse. Read more at New Direction Family Law…
From the above, it’s clear that Divorce from Bed and Board is a legal procedure that is initiated by one of the spouses seeking to separate from the other.
The laws in North Carolina expressly outline the kind of circumstances under which a person can file for Divorce from Bed and Board. The post below provides details:
The following are the fault-based grounds for a Divorce from Bed & Board from NC General Statute Section 50.7:
- Abandonment of the Family
- Maliciously turning the complaining spouse out of doors
- Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life
- Indignities that render the complaining spouse’s condition intolerable or life overly burdensome
Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome. Read more at Felton Banks…
This legal action is meant to protect one spouse from the other, and provide a different approach to an actual divorce.
Divorce from Bed and Board is a legal action and there are some defined outcomes from it you should be know. Learn about them in the following post:
Outcomes from a Divorce from Bed and Board
A divorce from bed and board will not terminate the marriage. However, a divorce from bed and board does have a number of legal consequences.
The complaining spouse can get the right to live in the marital home and evict the defending spouse. The defending spouse can also lose their right to inherit property from their spouse and other legal rights typically given to married partners.
A divorce from bed and board can also have consequences if the spouse’s later get an absolute divorce. For example, any findings that a spouse committed adultery or other marital misconduct could impact the right to receive alimony. Spouses who commit adultery generally have no right to alimony, and a judge may award a higher amount of alimony if the supporting spouse is guilty of marital infidelity. Read more at King Law Offices…
If you or a loved one is in a situation that warrants a Divorce from Bed and Board, it is important to seek representation by an attorney who is well versed in Family Law.
If you’re looking for the right lawyer in Charlotte, Meek Law Firm is the place to turn. Attorney Jonathan Meek has the expertise and experience to offer you the best possible legal assistance. Call Meek Law Firm today at (704) 848-6335 or complete the contact form on the website and we’ll get in touch with you.