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Divorce from bed and board

Charlotte Mecklenburg Divorce Lawyer

Our Charlotte based divorce attorney understands the law behind actions for divorce from and board, and the impact such claims may have on divorce-related claims. For additional information on any of the topics below, or to discuss how a divorce lawyer can help with your case in Mecklenburg or Cabarrus counties, contact Prism Family Law Firm today.

North Carolina is a "no-fault" divorce state, which means that marital misconduct between divorcing spouses will not be considered as an actual grounds for an absolute divorce. However, NC law does provide for divorce from bed and board, which creates a legal separation between spouses and is typically used by an innocent spouse to force an at fault spouse out of the marital residence. N.C.G.S. § 50-7 provides that an action for divorce from bed and board may be brought if either party:

abandons his or her family;
maliciously turns the other out of doors;
endangers the life of the other by cruel or barbarous treatment;
offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome;
becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome; OR
commits adultery

We are prepared to advise you on the impact of divorce from bed and board on your case, file a claim and aggressively represent your interests at trial in a divorce from bed and board action, and/or defend your interests when a claim for divorce from bed and board has been brought against you.

To speak with a Charlotte attorney regarding divorce from bed and board and how it may impact your divorce related matters, call (704) 412-1442 today.

Divorce from bed and board, effect

A divorce from bed and board may have multiple effects. First, the at-fault party may lose a number of rights arising from the marriage. For example, N.C.G.S. § 31A-1, holds that the at fault party will no longer have:

rights of intestate succession in the estate of the other spouse;
the right to claim or succeed to a homestead in the real property of the other spouse;
the right to petition for an elective share of the estate of the other spouse and take either the elective intestate share provided or the life interest in lieu thereof;
the right to any year's allowance in the personal property of the other spouse;
the right to administer the estate of the other spouse; and
rights or interests in the property of the other spouse which by a settlement before or after marriage were settled upon the offending spouse solely in consideration of the marriage.

Second, a Divorce from Bed and Board may establish grounds of marital misconduct, which may have an impact on post separation support and alimony. Finally, child custody determinations may be impacted if a court finds that the misconduct affects the child(ren) at issue. To read more on marital misconduct and the potential impact it may have on family law and divorce matters, visit our marital misconduct page.

Finally, a divorce from bed and board may be used as an ejectment action, to force an "at fault" spouse out of the marital residence and to grant exclusive possession to the innocent party.

If your spouse is requesting a divorce from bed and board against you, there are several defenses you may assert, including collusion, connivance, condonation, and recrimination. It is important to affirmatively assert any potential defenses you may have as part of your answer to a Divorce from Bed and Board claim.

To speak with a Charlotte Family Law and Divorce lawyer regarding divorce from bed and board and the impact it may have on your case, call (704) 412-1442.

How Prism Family Law Firm can help:

Advising you on the impact of divorce from bed and board in your particular situation.
Filing a claim and representing your interests at trial in a divorce from bed and board case.
Defending you when a claim for divorce from bed and board has been brought against you.