Raleigh Divorce from Bed and Board Lawyers
Occasionally, every marriage struggles with a degree of turbulence. Often these are manageable scuffles that are resolved privately between two spouses and soon forgotten. However, some situations warrant a firm solution. Sometimes a spouse will not admit fault or agree to a separation. Under North Carolina law, to qualify for an outright divorce, each party must live apart for at least one year with the intent to dissolve the marriage. However, if a person refuses to live separate from their spouse, then the complaining spouse is placed in a difficult position. In these dire situations, a person can file for divorce from bed and board to legally separate from their spouse.
At Marshall & Taylor PLLC, we understand these heart-wrenching decisions are not easy to make for anybody in the Raleigh area. Our compassionate and professional team of attorneys are prepared to help you find the best option for you and your partner. For many, separation from bed board is an unwanted journey into uncharted territory. Your rights and interests are tangled in a web of complex legal proceedings. The skilled legal professionals at Marshall & Taylor PLLC will fight on your behalf to make sure your interests are protected. For an in-depth knowledge and guidance through this difficult time contact our qualified Raleigh divorce from bed and board attorneys today at 919-833-1040.
Why Do I Need an Attorney?
Many people in the Raleigh area have found that separating from their partner is a difficult decision in almost any situation. Furthermore, a spouse can exacerbate the problem by refusing to enter a separation agreement. The situation can be made worse by marital infidelity, physical or emotional abuse, or abandonment. Since North Carolina law requires the spouses to live separately for one year before filing for divorce, the complaining spouse may be forced to file for divorce from bed board. These delicate matters require the legal expertise of an experienced attorney. It is important that a knowledgeable attorney help you deal with number of different issues, so you can begin to piece together your life.
Why Choose Marshall & Taylor PLLC?
The martial troubles that lead to separation can be the most arduous situation a person experiences. At Marshall & Taylor PLLC we understand what you are be going through. Our team has experience in guiding our clients in Raleigh area through the often painful and intricate legal process of divorce from bed and board. If necessary, we will aggressively defend your rights in court to ensure the best possible outcome for you and your interests. To learn more about how we can help, call us immediately at 919-833-1040
What is Divorce from Bed and Board?
In North Carolina, there are two categories of separation that depending on the situation (contingent upon the status of certain martial issues like estate rights and child custody) may be preferable to pursuing divorce. These options include:
- Informal legal separation – In this situation, a married couple agrees to live separate and apart for a specified amount of time. Under this type of agreement, the marital bonds between the parties still exist and all financial obligations, such as bills, are still the responsibility of each party. The agreement between the married couple is reached outside the court or “informally” to evaluate if divorce is the best option.
- Divorce from bed and board – A fault-based judicial decree of separation. Though this legal recourse is a divorce in name only (the martial bonds still exist like with informal legal separation), the complaining spouse can eject the accused spouse from the marital residence, claim child support, or equitable distribution of property under North Carolina law.
Contact an experienced attorney today to learn more about the options available to you and your family if you are considering divorce from your spouse.
Cases We Handle
At Marshall & Taylor PLLC we have years of experience in representing many clients in the Raleigh area. We are prepared to ensure the rights of our clients are protected in the event of separation or other family law issues. We understand that you deserve caring and competent legal representation. We are ready to help you with any of the legal concerns relating to the following:
- Child Custody
- Child Support
- Property Division
- Domestic Violence and Restraining Orders
- Mediation and Arbitration
If you need legal assistance with any these issues in Raleigh, please contact us at 919-833-1040 to learn more about how our experienced legal team can help you.
How to Prove Fault in a Divorce from Bed and Board Case
Divorce from bed and board is necessary when one spouse refuses to enter a separation agreement. Moreover, divorce from bed and board is fault-based. This means that to obtain a divorce from bed and board, the complaining spouse must prove that the accused spouse has violated at least one of the six statutory grounds:
- Abandonment of the family – To prove abandonment, the complaining spouse must establish that the accused spouse either intentionally ended cohabitation; intended not to resume cohabitation; left without the spouse’s consent; or left the marital residence without provocation.
- Maliciously turns the other out of doors – This statutory fault ground is like abandonment in that it requires the accused spouse to deliberately or maliciously evict the complaining spouse from the martial residence. But for the statutory ground to hold up in court, the judiciary may require the complaining spouse to prove their eviction was unprovoked.
- Cruel or barbarous treatment that endangers the life of the other – Under North Carolina law, proving physical as well as mental and emotional cruelty is enough to satisfy this statutory ground. However, for a complaining spouse to make this statutory ground eligible for court, they must establish a lack of provocation.
- Personal indignities – The complaining spouse can seek divorce from bed and board if the accused spouse willfully committed indignities that were intolerable and burdensome. As with the other statutory grounds, the complaining spouse must establish that they did not provoke the accused spouse to commit the indignities.
- Excessive drug or alcohol use – the complaining spouse must demonstrate that the spouse’s excessive alcohol or drug abuse is burdensome and has made life with the accused intolerable.
- Adultery – The court will consider marital infidelity as grounds for granting a divorce from bed and board.
If you are considering a divorce from your spouse due to any of the above reasons (or other reasons) make sure to contact an experienced attorney at Marshall & Taylor PLLC today to find out if a divorce from bed and board is right for you.
Frequently Asked Questions
In almost any situation, filing a divorce from bed and board requires a lot of thought before a decision can be made. Many of our clients have questions about what to expect. Some the most common questions are the following:
What are the consequences to a divorce from bed and board?
Unlike an outright divorce, a divorce from bed and board does not serve the marriage. However, it may lead to serious ramifications concerning a spouse’s right to cohabitation, right to alimony, child custody, and estate rights. This action has far-reaching consequences for both parties, which requires the legal expertise of an experienced attorney.
Is There a waiting period to file a divorce from bed and board?
No. Unlike outright divorce, which requires one year of separation to file for divorce, there is no waiting period to file a divorce from bed and board in North Carolina.
Can I marry another person after I file a divorce from bed and board?
No. You are still legally married after filing a divorce from bed and board.
What if my spouse and I reconcile after a divorce from bed and board?
In North Carolina, the court-ordered decree of divorce from bed and board will discontinue after the parties reconcile.
If you are struggling with the decision to separate from your partner, you will need the help of an experienced Raleigh separation attorney. Martial troubles and other related issues, such as estate rights and child custody, can be complex and emotionally draining. You do not have to face this battle alone. At Marshall & Taylor PLLC, our skilled team of attorneys is standing by with the knowledge and integrity to ensure your case will have a positive outcome. Do not hesitate to call us at 919-833-1040 to speak with our attorneys about how we can help you.