Clarity on Bed & Board legal separation


#1

Hi Jessica Almond
I am so sorry that you have to go through this I have myself have been through this and it hurts in all areas.
The more you have the better you are when and if you go to court pic, phone records and anything else you can get to prove what he has done. A sep agg is not an open thing to have sex with anyone you both are still married until the day of the big D it is a criminal offence to do this and it is called adultery but will a court do anything do not thing so I with this I am tring to get my ex for this will find out soon about this and I hope I can but I think they will do nothing.
As far as alimony who gets it, it is based on who is the dependent spouse if you are the dependent spouse and he did what you say he did you got him I think anything over 10yrs of marriage its for life. My ex tried to get alimony from me but lost due to the fact that she committed adultery.
This is going to be a long and hard road trust me but there is light at the end and it will soon be there
Hope the best for you


#2

A divorce from bed and board will not permit you to have a sexual relationship with another individual. That will only be permitted after you have been legally divorced.

Adultery is proven by showing the court that other person had the “inclination and opportunity” to commit adultery. Meaning you do not need pictures of them engaged in the act of intercourse, but pictures of their car outside the same apartment all night and pictures of them leaving the next morning wearing a different outfit may be sufficient.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My husband is suing me/was served papers recenlty for bed and board which from reading online info indicates it is not an absolute divorce but a legal separation. NC seems to have different laws then am familiar to as such in CA.

Does this mean both parties are free to have sexual relationships with others?

Ironically he has accused me, for one, of adultery which is a complete lie while it is HE who has been having affairs during our marriage (tho I can not prove thus far) and is running around town most openly with his girlfriend (who is married) who has a bad reputation. This is SO absurd and anger prevoking. I know the motive as he wants to be awarded ALIMONY and vehicles, etc etc.
Wondering if any photos observing him and her, court testimony from those seeing them - talking to them, etc etc would be of value?

What type of proof does one have to supply to prove adultery?

Jessica Almond