A “regular divorce” or absolute divorce can only be filed after one year one day separation. This is the “final divorce”.
Divorce from Bed & Board is normally filed by the spouse that remains in the marital home. There are several reasons for filing this and it usually puts “fault” on the other spouse. I’ve never quite understood this since NC is a no fault state…
It is normally filed with ED, child custody, or alimony and is generally used as a formality. Normally it’s just stating that the spouses no longer have any financial or marital obligations to the other. The marital home is the property of one spouse and the other is no longer allowed without that spouse’s permission or invitation. It does not have to be filed. My husband’s attorney filed this along with the ED, custody and support agreement so that it would be “official” that his ex had left the marital home and that they were living separately. The Divorce from Bed & Board can be used to remove one spouse from the marital home but it does normally take a while to have this heard and it’s normally easier for one spouse to just leave. A separation agreement does not have to be “filed”. You do not have to have a separation agreement, but it does make things easier when it comes time to file for absolute divorce because with the agreement, normally, everything is already divided and settled when the required time is up.
You should at least consult an attorney and have an agreement drawn up if one of you have left the marital home.
In my case, I filed a divorce from bed and board in order to force my ex spouse out of the house. Otherwise, my situation was becoming intolerable. This is a FAULT based REASON to get one spouse out of the residence. True. NC is a “no fault” DIVORCE state, but it is NOT a NO FAULT REASON to get someone out of a house if the “guilty” party refuses to leave! It protects an innocent spouse from victimization and establishes separation! Based on evidence of fault, a judge HAD to order my ex spouse out of the house because the ex was NOT going to leave! Without a judicial order, my ex did not have to leave and no one can imagine how awful the situation was for me. I had no other recourse. So, thankfully, this was the ONE thing I got out of all this mess! And, my life.
A divorce from bed and board is a legal document that cuts of some but not all marital rights and obligations, most notably inheritance rights. You can execute a Separation Agreement at any time even if litigation is pending.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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