No, a divorce from bed and board is probably not appropriate for you, since you and your husband are already legally separated. That kind of divorce is usually used when the parties are still living together and are seeking a court ordered legal separation. In NC, you do not need any paperwork to show that you are separated. You just have to live at separate addresses.
As far as the lease is concerned, you’ll have to check with your landlord, and consult your lease to find out if you can get out of that lease agreement first. If so, then you can certainly move into a less expensive place.
You should also contact your local Social Services office to find out about getting some child support for your children. That should help you with the financial issues. I would do that as soon as possible.
When you talk to base legal, let them know that there are support issues, as well as any outstanding debts or other property that you want to have divided.
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.