Greetings. First, I am sorry to hear that some attorneys in your area did not apprise you of all your options. Divorce from bed and board can be an expensive lawsuit to wage, which may be why they failed to mention it.
If you are scared of him and he has threatened you with harm or hit you, you may be able to file a domestic violence action. If not, your best bet is the Divorce from Bed and Board. Excessive alcohol and drug use is something the courts look to. He has in essence constructively abandonned you and left you at home to fend for yourself while he did drugs. Best of luck…
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 RosenDivorcecom
919-787-6668
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.
Again I have to ask the question. Doesn’t it take at least a year to get a divorce in North Carolina regardless of the avenue used. When I spoke with my lawyer about “Divorce from Bed and Board”, he said you first have to be separated for a year before you can file for a divorce. Is this not true? I’m sorry for posting replies to the same subject matter, but this is getting very confusing to me.
These people are asking for Divorce from Bed & Board, not Absolute Divorce. Absolute Divorce requires a separation time of 1 year & 1 day. Divorce from Bed and Board is asking the courts to require the person that the complaint is filed on to be permanantly removed from the marital home. There usually has to be a good reason for this. There is plenty of information on this site for more explanations
Is adultry alone good enough reason to have the wayward or offending spouse removed from the marital residence? And do the parties have to be separated for 1 year and a day before they can file for a divorce?
A divorce from bed and board is not the same thing as an absolute divorce. A divorce from bed and board is a lawsuit that asks the court to kick someone out of the marital residence for fault. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
Thank you Ms. Fritts that really helps me out a lot. Where does “condonation” come into play in all this if your spouse has forgiven you. Is “condonation” a valid defense in North Carolina?
This is about bed and board.I don’t live in the home he does I moved with the kids to MI he lives in NC he called tonight and said his lawyer was sending me a certified letter stating I have Primary Cusdtoy and he has Secondary ( ok this alone confuses me )and that it would be something called Divorce from Bed and Board but will not state any grounds . I have a appointment with a lawyer thrusday but can someone please help me out some explain what in the world is he tring to pull up here I can get a Divorce “No-Fault” in 180 days I don’t have to wait 1 year. Is this bed and board ( now don’t forget I don’t even live there ) going to affect me in filing for Divorce a real Divorce.[?]
This is about bed and board.I don’t live in the home he does I moved with the kids to MI he lives in NC he called tonight and said his lawyer was sending me a certified letter stating I have Primary Cusdtoy and he has Secondary ( ok this alone confuses me )and that it would be something called Divorce from Bed and Board but will not state any grounds . I have a appointment with a lawyer thrusday but can someone please help me out some explain what in the world is he tring to pull up here I can get a Divorce “No-Fault” in 180 days I don’t have to wait 1 year. Is this bed and board ( now don’t forget I don’t even live there ) going to affect me in filing for Divorce a real Divorce.[?]
I am not sure exactly what your question is and it will be nearly impossible to answer your question without seeing the complaint. One of the things the Divorce from Bed and Board does is cut off the legal rights you have while you are married, which would have an impact on inheritance rights. You have done the right thing by contacting an attorney.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
I have a situation that I need some assistance on. I would like to initiate a separation from my husband, but he will not leave the house. I do not want to leave either because although the deed is both of our names, the mortgage is only in mine, so I am financially responsible for the home and I will not pay the mortgage for him to continue to live there. But I don’t want to lose my home to foreclosure. I have actually gone to a couple of attorneys in my area and none of them suggested the divorce from bed and board. Even the website says that it is rarely used. I do believe that I have grounds under excessive use of drugs and alcohol. He has been using drugs for some time, has not been able to keep a job and was arrested for possession, although later the charges were dropped. Is this a recourse that courts will look upon favorably? Where can I find the actual statute or information concerning this action? Do you have any suggestions other than the divorce from bed and board (if this recourse is not appropriate)? I would appreciate any input that you may have.