Question about divorce from bed and board


#1

if a divorce from bed and board with equitable distribution was granted in Feb 2011. Would this date be the start of the legal separation? for the one year and one day. When would you be able to file for a divorce?


#2

I am not an attorney

There is no such thing as “legal separation” in NC. However, you must be living SEPARATE AND APART in separate residences for a year and a day before you can file for absolute divorce.


#3

this couple has not lived separately until this february when the divorce from bed and board was granted by the judge. is this the date the one year and one day would start. Would they be eligible to divorce in feb of 2012. They think that they will be able to divorce in june 2011 because that is when they supposedly separated. She didn’t leave the house until at least feb of this year when divorce from bed and board was granted by the judge in ct. Everything else was dismissed. When checking with clerk of courts office… they said a new file would have to be opened for the divorce. Since only the divorce from bed and board and equitable distribuition was only heard in feb and everything else was dismissed.


#4

I am not an attorney

Then they would not be able to divorce until February 2012 (depending on the day of separation). The absolute divorce can be filed any time after that one year and one day.


#5

You must live in separate residences for one year and one day prior to filing for an absolute divorce.