Cheated spouse refuses to leave the house(jointly property) nor want to sign on separation agreement. Can I claim divorce from Bed and Board for adultery to kick her out from the house or sign on separation agreement? I have enough evidence including sources from Private investigators.
I don’t know what is the use of Bed and Board divorce. I know it’s legal separation but I don’t know if I can let her out of the house. How Bed and Board divorce can help my situation? Could it be affect on negotiating the property division, child custody, or alimony?
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Yes, divorce from bed and board, if granted, could eject your spouse from the marital residence. You must have fault grounds for this claim, but it sounds like you do and you can prove the fault ground.
Divorce from bed and board can eject a spouse from the marital residence and create a separation if one spouse refuses to leave or refuses to voluntarily enter into a separation agreement. Divorce from bed and board could help your situation by forcing a physical separation. It would not effect equitable distribution, child custody, or alimony but the evidence used to prove the fault ground could also be used to prove marital fault for alimony purposes if applicable.
For more detailed information on divorce from bed and board and the necessary fault grounds, check out our article What is a Divorce from Bed and Board?
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Me and my spouse earns about same amount of salary. How does it affect on alimony?
Neither of you may have an alimony claim if you and your spouse earn about the same, therefore, there would be no effect on alimony.
To have alimony awarded, one spouse must be the supporting spouse and the other spouse must be the dependent spouse and the supporting spouse must not have committed an act of illicit sexual behavior during the marriage. If you both make about the same, there may not be a supporting spouse and dependent spouse classification, therefore, alimony couldn’t be awarded anyway.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.