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.