Divorce from Bed and Board

#1

This is what the home site says:
"Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes the separation required for those other actions. The complaint for divorce from bed and board must be verified and it must contain the required allegations of residency.

Only the injured party may apply for a divorce from bed and board. The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. Further, the complainant must allege that he or she did not provoke the other spouse’s misconduct. The right to jury trial in an action for divorce from bed and board is governed by the statutory provision permitting a jury to make the factual findings on issues of fault."

What this means is that if she can prove one of the six faults listed required then she can have you move from the marital residence. The bills, mortgage would be the same until arrangements can be made to change those. Even though you have no legal obligation after this to finacially provide for her, if your name is still on the bills, you are still responsible. Yes, you can have your attorney file divorce from bed and board from her if you can prove one of the 6 faults listed. This would mean that she would be the one to have to leave the home if you are awarded this.
I am not sure about the property distribution if one is found at fault since the description on the home page says: "A divorce from bed and board “suspends the effect of the marriage as to cohabitation, but does not dissolve the marriage bond.” The legislature has, however, directed that a spouse divorced from bed and board loses the rights enumerated in Section 31A-1(b) of the North Carolina General Statutes. Rights in property of the innocent spouse are likewise barred to the offending spouse, for so long as the parties remain separated, pursuant to Section 31A-1(d)(1)."
I have not read these GS so hopefully an attorney will post on this also and explain a little better.
Good Luck

#2

Thanks stepmother - I could not have said it better myself.

Now, if your wife forces you out by court order, and she is a dependent spouse, you will likely assist her with the mortgage through paying her post separation support and/or alimony. Good luck.

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

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 but a full discussion with an attorney should be undertaken before taking any action.

#3

Here’s what this GS says…if you can make sense of it, hopefully it will answer some questions. If you can’t, hopefully an attorney will specify what these lost rights actually are in simpler terms:
"Chapter 31A.
Acts Barring Property Rights.
Article 1.
Rights of Spouse.

#4

what???
i agree with other poster, what are my rights now?
my attorney filed a divorce from bed and board with the child custody, child support, and ed??
what property can she not have??
with this type of divorce decree, can i keep my retirement, savings??

please Mrs. Fritts give us some plain english translation

#5

Dear singlefather:

If you are granted a divorce from bed and board, then the court will have to make the decision about whether or not to take away her rights. 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

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 but a full discussion with an attorney should be undertaken before taking any action.

#6

I am confused about this type of divorce. My wife is threatening to file this due to suspected adultry and the fact that she thinks I drink too much. I have NEVER been abusive or bilegerant to her at all. If anything we rarely speak now-nor have we shared a bed for almost a year. We have been in the process of separating, but not aggreeing on terms for an agreement. We both carry recorders. She has threatened MANY TIMES to call the police because she feels threatened by my presence. Nice environment huh? We have a nice house and some other property. I understand this type of divorce forces me to leave the house and gives her ‘exclusive use’. Does this mean I lose the house all-together? What about our other property and assets? Do I still have to pay mortgages and such eventhough I can’t live there? Any clarification would be appreciated.