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Angela Haas
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Haas McNeil & Associates, P.A.

3200 Wake Forest Road
Suite 240
Raleigh, NC 27609
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Family Law
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 "Leaving the marriage" does not necessarily mean physically leaving the marital residence, as becoming emotionally withdrawn may be considered abandonment.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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