The best option in your case may be to attend mediation to reach an out-of-court settlement on all issues via a separation agreement. With the help of a mediator trained in dispute resolution, the two of you may be able to reach an agreement on the future of the marital residence and any other issues.
If mediation is unsuccessful, then you will have to separate and file a court action for equitable distribution (plus any other claims that apply in your case). This would give you access to a judge who could order what would happen to the marital residence. Note that there is no requirement that you attend mediation prior to filing litigation.
Divorce from Bed and Board forces a physical separation based on one or more fault grounds. It will not address the issue of equitable distribution and whether or not to sell the marital residence. For any fault ground, you must prove by a preponderance of the evidence that the events testified to actually occurred. Proving the fault ground of indignities that render a spouse’s condition intolerable and life burdensome is very fact-specific but generally such indignities must be willful and intentional, and without provocation by the spouse claiming this fault ground.
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