Divorce from Bed and Board

Divorce from bed and board, also known as a “legal separation” or “judicial separation,” is a cause of action available to married persons and is not the same as an absolute divorce.

A court may award a party a divorce from bed in board if the moving party can prove to a court that their spouse:

• Abandoned his or her family;
  • This typically means that the defendant has left the house and abandoned the
    other party without justification.
• Maliciously turned the moving party out of doors;
  • This occurs when one spouse has forced another spouse from the marital home. This force can come in the form of actual force, threat of violence, or mental cruelty. There is a malice requirement, which means that it has to be intentional and done without justification or excuse.
• Engaged in cruel or barbarous treatment that endangered the life of the moving party;
  • This is typically mental or physical abuse (or both). Please note that if you are a victim of domestic violence, we encourage you to seek a Domestic Violence Protective Order.
• Offered such indignities to the person of the moving party as to render the moving party’s condition intolerable or life burdensome;
  • Indignities are determined on a case-by-case basis, but typically are repeated acts or treatment such as neglect and verbal abuse.
• Becomes an excessive user of drugs or alcohol to the extent that said drug use renders the moving party’s life intolerable or burdensome; or,
• Commits adultery.

For a Court to grant a Divorce from Bed and Board, it must be established that these acts must have been committed without justification or excuse. In other words, one party can’t “provoke”
the other party’ bad acts.

Defenses to Divorce from Bed and Board

• Condonation:
  • This is forgiveness of the marital misconduct, on the condition that it does not continue. It does not have to be explicit forgiveness; it can also be inferred by the acts of the party. The parties continuing to live together doesn’t necessarily mean that there is condonation, although it can be evidence of it, especially if the parties continue to have a sexual relationship.
• Recrimination:
  • This defense is based on the idea that the party seeking a divorce from bed and board is also guilty of one of the grounds (as listed above) for divorce from bed. Essentially, if both parties are guilty of the marital misconduct that leads to a divorce from bed and board, then neither party should be granted the divorce from bed and board.
• Connivance:
  • This means the spouse seeking the divorce from bed and board caused or encouraged the marital misconduct. For example, this would apply where a spouse seeking a divorce from bed and board created a situation that would entice his or her spouse to have an affair.

IS A DIVORCE FROM BED AND BOARD THE SAME AS AN ABSOLUTE DIVORCE?

No. A divorce from bed and board does not require the parties to be living separate and apart for more than one year. Additionally, a divorce of bed and board does not end a marriage.

WILL MY SPOUSE BE REQUIRED TO LEAVE THE HOUSE?

If the court grants a party a divorce from bed and board, the court can also order the spouse committing fault to leave the marital residence, if they have not already done so. A successful claim for divorce from bed and board can also support claims for post-separation support and/or alimony.

WHY WOULD A PERSON FILE FOR DIVORCE FROM BED AND BOARD?

There are any number of plausible reasons; but, there are a few broad reasons to file for a divorce from bed and board. First, a divorce from bed and board allows a party to begin a separation period from their spouse, even if there is no physical violence allegation involved. Oftentimes situations with a physical violence allegation will entitle the victim to file for more immediate relief in the form of a 50(B) Domestic Violence Protective Order. A divorce from bed and board can also be utilized if there is an allegation of child abuse, or sexual misconduct, in relation to minor children in the home, especially if a local Child Protective Services office is involved in your case. Second, if your spouse has committed adultery but refuses to leave the marital home, a successful divorce from bed and board claim can help establish a date of separation for the purposes of a divorce. Finally, some people have religious or moral objections to an absolute divorce, or official termination of the marital bond, and a divorce from bed and board allows the moving party to distance themselves from their spouse without disturbing the religious or moral objection.

WHEN CAN I FILE FOR A DIVORCE FROM BED AND BOARD?

At any time during the marriage when you have a reasonable belief that one of the aforementioned grounds exists.

At Garrett, Walker, Aycoth & Olson, Attorneys at Law our Greensboro Divorce Lawyers are here for you and your
family when you need us most. We understand and are prepared to tackle the most difficult of issue with a divorce from bed and board situation. Contact our Top Rated Divorce Lawyers in Greensboro today.