Is Separation Mandatory?

For an absolute divorce granted in NC (which dissolves the marriage and allows both spouses to re-marry), there must be a separation of at least one year.

A divorce from bed and board simply allows you to remove the spouse from the marital home and prevent them from returning w/o permission, it’s not the colloquial divorce.

You must wait one year to receive an absolute divorce. A Divorce from Bed and Board is a different legal action and does legally divorce you from your spouse. There is no way to reduct this waiting period.

You may find additional information about a Divorce from Bed and Board here:

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.

If I am able to prove that my wife is cheating do we still have to go through a year of separation or can I file for a divorce on grounds of adultry? I was told that I can file under grounds of Bed and Board as well? Do I have to wait a year