On Treating Clients With Respect, Care And Attentive Service
Before a married couple legally separates, they may seek a judicial separation in order to get the other spouse out of the marital home. The married couple remains legally married to each other, albeit ordered by the court to live separate and apart from each other. In North Carolina, a divorce from bed and board is only available if the moving spouse establishes fault on the part of the other spouse. A divorce from bed and board is granted based on one or more of the following grounds:
- One spouse abandoning the family
- One spouse maliciously turning the other spouse out of doors
- One spouse treating the other spouse in a cruel and barbarous manner, endangering his or her life
- One spouse offering indignities to the other spouse to such an extent as to render his or her condition intolerable and his or her life burdensome
- One spouse using drugs or alcohol in excess
- One spouse committing adultery
If the court finds that a spouse has committed one or more of these acts, the offending spouse may be ordered to leave the marital home. Divorce from bed and board is not commonly granted. It should also be noted that if you are granted a divorce from bed and board, you lose all the automatic inheritance rights that exist by virtue of your marriage.
The law places the burden of proving a valid defense on the accused spouse. There are four defenses to divorce from bed and board: collusion, connivance, condonation and recrimination. Our attorneys at Scott Law Group, PLLC, can explain these matters in detail as they pertain to your situation.