Divorce from Bed and Board in NC
Can I remarry if granted a divorce from bed and board?
No- Divorce from bed and board in NC does not dissolve the original marriage and the parties remain married to each other until an absolute divorce is granted.
Is there a waiting period to file for Divorce from Bed and Board?
Unlike a an absolute divorce which requires one (1) year of separation before filing in North Carolina there is no waiting period to file for divorce from bed and board.
Divorce from Bed and Board vs Absolute Divorce
Divorce from bed and board
Filing for Divorce from Bed and Board
Actions for divorce from bed and board are usually only filed when one spouse refuses to move out from the marital residence. Because divorce from bed and board actions can take many months to reach a Judge or Jury one party usually moves out rather than live in the house within someone they often despise or fear. If one spouse has committed acts of domestic violence a Domestic Violence Protective Order is often the fastest way to evict a spouse unwilling to leave the marital residence.
What are the grounds for Divorce from Bed and Board?
Pursuant to NCGS 50-7 any of the following are a basis for Divorce from Bed and Board:
What is the effect of Divorce from Bed and Board?
A divorce from bed and board is a judicial determination of fault against one spouse that ends the rights of inheritance of the offending spouse against the prevailing spouse and also can be used as evidence in an alimony or custody dispute.
Can a Divorce from Bed and Board result in eviction?
Perhaps the main reason an action for divorce from bed and board is filed is to evict a spouse who refuses to vacate the martial home. Whether a judge has the authority to order a spouse out is debated amongst attorneys, but it certainly has happened in North Carolina courts. The best course of action if you are facing an action of this nature is to consult with a local attorney ASAP before you waive your right to file an Answer and request a jury trial on all issues of fact.
6/16/2017 07:09:19 pm
I am living with a spouse that will not leave and consistently draws my 9 year old daughter into the fry when ever I try to ask her to leave. She keeps telling my daughter " Daddy doesn't love you". How can I get her out of my house? I won it 100% in my name prior to the marriage.
6/16/2017 07:25:44 pm
I hate to say this, but you have a major problem with no quick fix. You can ask her to leave all you want, but you can’t just throw her out even if her name is not on the Deed and you owned the house before the marriage. In fact she may even have a marital interest in the house if you have been using money earned during the marriage to make mortgage payments thereby increasing equity in the home.
8/28/2017 10:01:52 am
My wife discovered my affair Feb 2016, albeit much anger and emotional outbursts due to the affair, we have remained living in the same household. Our marital relationship has remained the same [of course as stated before she is very angry regarding my indiscretion ]
8/28/2017 11:24:15 am
She could certainly file and allege she never forgave the old cheating. My guess is she will make up lies to say the cheating never stopped along with other issues such as you are emotionally and/or physically abusive. There are almost more lies than truth told in court these days.
8/28/2017 12:32:28 pm
How likely is her success to receive a DBB? We don't go out much, there hasn't been any vacations. When family inquire about our situation, we both say it's fine[we don't want to talk about it with them. we are living it]
8/28/2017 12:38:41 pm
You need to speak with a local attorney as which Judge you have is just as important as the facts. As I said before, she will likely lie in court to make you look like the worst person in the world.
8/30/2017 01:30:37 pm
I have two questions
8/30/2017 04:18:47 pm
A separation agreement requires the parties to be separated or separate within a matter of days or weeks or the whole agreement can be invalid. Anybody can lie and file for divorce from bed and board whether there are proper grounds or not- the question is whether it will be granted by a judge or jury after a hearing.
8/30/2017 09:38:52 pm
My husband is refinancing the house to his name, I thought great as this is the fastest way I can get my name off the loan and move out. But he does not want to give me any equity share because he says, "you need to think of it as you're just a renter in this house. You don't get any money if you leave an apartment. That's what you are. Since you're the one who decided to leave, then you need to give up all your rights to the house."
8/30/2017 09:45:22 pm
Sounds like you need to speak with a local attorney to protect your interests. Divorce is ugly- of course he wants to pay you nothing. The question is- are you going to accept nothing?
9/15/2017 12:39:54 pm
My husband and I have been married for two years. We have toddlers, and he is trying to get us out of the house. We bought the house a year ago. It's in his name as my credit isn't great, however my name is on the deed. He has already taken the SUV he bought me for my birthday last year, and next week he's cutting off my phone. I have been a homemaker for the last two years. I currently am only working part time. Should I file Bed and board?
9/15/2017 12:45:37 pm
That may be an option, but you should not attempt that on your own without legal representation. At this point you really should speak with local counsel and maybe start with a letter rather than jump right to lawsuit mode which can become nasty and expensive.
1/18/2018 09:38:14 pm
Jan. 18th 2018
1/19/2018 09:08:34 am
You really need a sit down consultation with a local attorney. Soliciting advice over the internet on a matter of such importance is setting you up for disaster. Local judges will determine your options and hence you need to speak to someone who knows your local judges.
3/18/2018 11:11:13 pm
My husband stays out all times of the night he smokes weed bad drink he doesn't work just little odd jobs he's verbally abusive. He says that i am mean but all I want is respect I pay all the bills he do not help me pay for anything can i file Bed Board suit. We have separated before yes he has cheated I need a quick fix to get him out what can I do I need help
3/19/2018 11:06:06 am
Divorce from bed and board is rarely used because it can take so long. My advice at this point is speak with a local attorney about how best to proceed.
1/29/2019 07:21:39 pm
My dad is quite old, and his wife separated from him, planning to divorce, about a year ago. He asked me to determine when it was filed, but when I contacted the Clerk of Court in Mecklenburg Co., they said nothing is on file in the divorce filing records (except from his previous wife back in 1988). Do people not file separations in NC? Would that filing be in a different database? The clerk gave me the impression nothing had ever been filed and didn't suggest checking any other records. Am very confused. Thank you. I live in New Mexico, so I can't just go to the courthouse.
1/30/2019 08:35:07 am
Sometimes a "separation agreement" is filed at the Register of Deeds, but if your dad did not sign a separation agreement nothing has to be filed before the divorce action.
1/30/2019 09:36:37 am
Thank you so much for your help. I can't tell you how much I appreciate it! I have really been at a loss about this.
10/29/2019 11:22:55 am
I have been married for 3 years. My wife is seeing a lawyer today and I am for certain she will try to get a BBD... What proof does she needs to be granted? We have no domestic violence on file. Cops was called but no charges or anything was filed. Is it her word against mines or do she needs some real evidence? She took my phone about 6 months ago cause it is in her name. I know she texting her phone from my old number saying some outragoues things... HELP!!!!!
10/29/2019 11:36:45 am
Her testimony (including lies) in court is evidence and if believed by a judge or jury could be grounds for divorce from bed and board. If she is meeting with an attorney today you should do the same ASAP.
9/5/2021 07:30:41 pm
We made a decision to let the kids finish their last two years in their respective schools and then get a divorce. We will sell the house and she and the kids will move into a smaller place while I will be working away and stay in an apartment.
9/5/2021 09:12:09 pm
The main reason divorce from bed and board actions are filed are to evict a spouse who refuses to leave the martial residence. At this point you really need to consult with a local attorney for specific legal advice as whatever plan you two agreed on is clearly no longer her objective.
7/1/2022 05:00:36 pm
7/1/2022 06:14:05 pm
For specific legal advice you should consult with a local attorney.
9/22/2022 11:03:06 am
My wife filed a divorce from bed board action who a lot lies in the papers. We live in a rental and have been living in separate rooms for the last 5 years. I found letters she wrote to someone else in the living room. I have no place to go because I am working on staying with a friend for little bit. If I leave the house, will dismiss the case?
9/22/2022 11:18:06 am
You should speak with a local attorney before taking any action such as moving out of your house.
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