Divorce from Bed and Board reasons


#1

This is a more expensive route to go because it requires a hearing which requires a lot of time and effort on behalf of the attorney.

It sounds like you may have grounds for a divorce from bed and board, if you don’t have any other options you have enough facts to justify filing the lawsuit. The court will make a determination based on the facts.

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.


#2

I need help understanding if things my STBX has done would qualify for a Divorce from Bed and Board. He doesn’t drink excessively nor has he had any affairs. I think I may qualify under 4 and maybe 3 below:
(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.
(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

In the time we’ve been married (17 years) he’s had about 12 jobs. He loses them for this or that reason and its always someone else’s fault. Most recently, he went without supporting us from August 04 until April 07 - HE made the decision not to support us and stayed at home. He felt his houseework was sufficient. During the intervals he did work, he used the funds to make a bill payment for him…not support our family. He has ruined our finances…has many unpaid bills and creditors calling us all the time, threatening liens, etc. He is now working and only contributing about 20% though if we were dividing it based on percentages, he should pay 35%. Last year, when my mother was sick and dying, he told me he would spit in her coffin when she died. He yells and screams at the kids and I. A few years ago, he stole an appliance to put in our house. This guy is a loser!

He won’t leave easily because I pay 80% of our bills including his health insurance!

I don’t want to move because he’ll lose the house. He can’t afford to pay mortgage, utilities, etc. And, if we lose the house, it will damage my credit further than he has already done. Help!

Does this qualify because I certainly find my conditions intolerable and life burdensome? And, why is this a more expensive route to go?