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Divorce
from Bed and Board
Divorce
from Bed and Board is a court authorized separation, but
it does not end the marriage. The couple
remains married to each other and the court orders the
couple to live separate and apart from each other.
A divorce from bed and
board may be used to legally force one spouse out of the
marital residence, or to allow one spouse to move out of
the marital residence and be protected from a charge of
abandonment. In North Carolina the term "abandonment"
means "willfully
leaving the marriage without just cause and without the
consent of the other spouse". "Leaving the marriage" does
not necessarily mean physically leaving the marital
residence, as becoming
emotionally withdrawn may be
considered abandonment.
Only the "injured
spouse" can pursue a action for divorce from bed and
board. However, if both spouses have cause, either could
initially file the action for divorce from bed and board
and the other spouse could make a counterclaim for it in
their answer.
A divorce from
bed and
board is granted based on one or more of the following
grounds:
-
Willful abandonment of the family
- Malicious turning
the other spouse out of doors (forcing them to leave)
- Treating the other
spouse in a cruel and barbarous manner and/or
endangering his or her life
-
Offering indignities to
the person of the other spouse, rendering his or her
condition intolerable and life burdensome
-
Using drugs or alcohol
in excess
-
Committing adultery
Read North
Carolina law
regarding grounds for divorce from bed and board.
When divorce from bed and
board is granted, the spouses may live apart from
each other and neither can claim abandonment. The
spouse against whom a divorce from bed and board has
been granted loses all rights granted by law to inherit
from the other spouse. However, the "injured
spouse" does not lose those rights.
Read
North Carolina statutes regarding intestate succession
(laws regarding property division when the deceased did
not have a will)
Read
North Carolina statutes regarding rights lost in a divorce from bed and board
judgment.
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