Divorce from bed & board


#1

Hi:
New poster on this forum. My wife gave me a rough draft of separation document end of last week. I’ve asked her to go to marriage counseling or at a minimum to mediation to iron out separation. We have four kids. The sticking point right now is her wanting me to move out and I don’t think I should. She has been the one committing emotional & physical infidelity and is the one initiating the separation. I have not committed infidelity and have been civil. I asked for our financial information to work on the separation and have not gotten those details. After 4 days of handing me a separation document she has decided that she doesn’t want to wait and will be filing a divorce from bed & board to try to get me out of the home. I looked at the six grounds for fault and do not fit any of them. Can those same six grounds of fault (adultery) be used against her when we go before the judge and he end up asking her to move out? I honestly would prefer her to stay in our home and hopefully come to realize that she is making a mistake, but she could be in love with someone else. Emotion may be ruling her judgement more than logic at this point.


#2

Yes, you may file an answer to her complaint which refutes her allegations, and includes a counterclaim for divorce from bed and board based on her commission of acts constituting marital fault.


#3

If the claim for divorce for bed & board is found to be untrue can I also counterclaim for attorney fees?


#4

While there is no specific provision in for attorney’s fees in the statute, you may make a claim for the same, based on her bad faith in filing a groundless action.