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ABSOLUTE DIVORCE VS. DIVORCE FROM BED AND BOARD?

ABSOLUTE DIVORCE VS. DIVORCE FROM BED AND BOARD?

 

What is it?

How do I get it?

Absolute Divorce

  • No fault required
  • Ends marital contract so spouses are not married anymore
  • Must live separately and apart for at least 12 months

Divorce from Bed and Board

  • Fault-based
  • Court-ordered decree of legal separation
  • Does not disband the marriage, so spouses are not able to remarry
  • Usually only needed when a separation agreement is not entered because of one spouse
  • Cannot consent to it
  • Injured spouse must file for it in court
  • Must prove that the accused spouse’s actions fall within 1 of 6 fault grounds…

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What are the 6 grounds for divorce from bed and board? According to the North Carolina General Statute § 50.7:

  1. Abandonment of the family;
  2. Maliciously turning the complaining/injured spouse out of doors;
  3. Endangering the life of the complaining spouse through cruel or barbarous treatment;
  4. Offering indignities to the complaining spouse that their condition is rendered intolerable and life burdensome;
  5. Excessively uses drugs or alcohol to the point that the complaining spouse’s condition/life is intolerable and burdensome;
  6. Commits adultery.

Call Rech Law, P.C. to discuss your divorce options today!

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