What is a Divorce from Bed and Board in NC?

Divorce from Bed and Board in NC

7/30/2016

Updated 9/7/2021

What is Divorce from Bed and Board?

A divorce from bed and board under North Carolina law is not an actual divorce that dissolves a marriage, but instead Is a judicial separation based upon martial fault.

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

Absolute divorce:

No marital fault required;
Requires parties be separated for more than a year; and
Terminates the marriage.

Divorce from bed and board

Marital fault required;
No waiting period to file; and
Does not dissolve a marriage.

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:

Abandonment.
Maliciously locking a spouse out of the house.
Cruel or barbarous treatment that endangers the life of the other spouse.
Indignities that make the life of the other spouse intolerable and burdensome.
Excessive use of alcohol or drugs that makes the life of the other spouse intolerable and burdensome.
Adultery.

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.

31 Comments

RON RYBA

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.

Jason Witt

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.

My advice is to meet with a local attorney ASAP. The longer you wait the longer she will be in your home poisoning your relationship with your daughter. Just be aware that if you file an action for divorce from bed and board or interim property distribution she may counter-sue you for alimony. Bottom line is speak with an attorney about your options and be aware the Court option could easily take several months.

Chad Davis

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 ]
It is now August and during an argument last night she advised me that she will be filing a divorce from bed and board citing my affair as injury Is this a possibility 18 months later?

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]
She still prepares our meals, I still eat her meals, We share the marital bed and we are intimate just as much as we were prior to this discovery. She is just continuously angry

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.

Mark Trenton

8/30/2017 01:30:37 pm

I have two questions
Affair was discovered by my wife in January of 2016. A separation agreement was drawn and signed by both parties in January 2017 We have not separated the following verbiage was included in the agreement WHEREAS, the parties hereto have not yet separated but intend to separate from each other on or about February ,28th 2017; since we have not separated and we are still living as man and wife[our marital relationship has been the same in all aspects] is this agreement now invalid.
Second question if she becomes angry can she file for Divorce from Bed and Board?

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.

Lbrown

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?

Laura Garcia

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.

dalvrl

1/18/2018 09:38:14 pm

Jan. 18th 2018
my spouse will not move out from the marital home b/c I need $1000 of temporary post spousal support so that I can pay for the mortgage as I have not been able to find a job since I was laid off on July 2017. I have every document to prove that I have been trying to get a job. We have a (7) year old daughter. He got a woman prego. She will be due in 11 weeks, he is still living in our marital residence. Won't move out b/c he states it's all my fault. He makes 6 figures and I am certain he could afford the temporary spousal support, I am asking for three months from the time he moves out. I don't want this type of dysfunctional example to continue for my daughter ie: It's okay to be married and also have a girlfriend pregnant at the same time. I want to do the right thing for all involved. What are my options to get him out of the house?

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.

Tina Cox

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.

Leslie Britt

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.

Anthont

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.

Jason

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.
Suddenly - after I lost my job due to the Covid 19 problem - she decided to file for divorce. The caught me by surprise and now I received a letter stating she file for "Divorce from Bed and Board".
Can the judge tell me to leave the marital house ?

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

Jason.

I have a wife of about 14 years who is actively out seeing someone with what appear to be romantic intentions with all the lies and misconduct that go with it. I am not sure it has been sexual at this point. She has had an affair in 2019. Clearly I need out.

Is a Divorce from Bed and Board the best route OR is there just a way to force the liquidation of the house/mortgage which will serve close to the same result.

7/1/2022 06:14:05 pm

For specific legal advice you should consult with a local attorney.

Dave

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.

Dante M.

6/29/2023 04:04:16 pm

I am currently married all of four years and my wife has asked for a divorce after a recent argument and finding out I have been in communication with multiple women. I have not step outside of my marriage physically but what my wife found has deeply hurt her and she says she's done. While trying to prepare for what is to come I am confused on what steps to take. She currently does not work ( she quit her last job) we have a home together and I pay all the bills. She has hinted toward wanting to keep the house. If I leave the home at I still at fault for the bills? Can the court order the sale of the home if we cannot agree on what to do with it? How do I navigate this?

6/29/2023 04:06:45 pm

You should speak with a local attorney ASAP before you make any moves that may prejudice your case going forward.

6/29/2023 06:06:25 pm

How bad am I screwed?

6/29/2023 06:47:47 pm

For specific legal advice you really need to speak with a local attorney who can ask all the relevant questions to properly analyze your case.

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Divorce from Bed and Board in NC

What is Divorce from Bed and Board?

Can I remarry if granted a divorce from bed and board?

Is there a waiting period to file for Divorce from Bed and Board?

Divorce from Bed and Board vs Absolute Divorce

Filing for Divorce from Bed and Board

What are the grounds for Divorce from Bed and Board?

What is the effect of Divorce from Bed and Board?

Can a Divorce from Bed and Board result in eviction?

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