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Divorce From Bed and Board

Charlotte Divorce From Bed and Board Lawyers

Skilled legal counsel when you’re seeking a divorce in North Carolina

Not every marriage ends with both spouses walking away peacefully. Sometimes, a spouse may need legal protection before the full divorce is possible. That’s where divorce from bed and board comes in. This isn’t a full divorce. It’s a court-ordered separation that can offer vital legal protections, especially if you’re dealing with issues like abuse, abandonment, or adultery.

The Charlotte divorce attorneys at Epperson Law Group, PLLC can help guide you through this complex legal process with skill and care. We know that separating and divorcing can be emotional and difficult, and we’re here to stand by your side. Whether you’re seeking safety or financial protection, or just want to know the legal framework to take control of your future, we can help you work through the process with compassion and ability.

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What is a divorce from bed and board?

In North Carolina, a divorce from bed and board is a type of separation ordered by the court. Divorce from bed and board does not end the marriage like an absolute divorce does. Instead, the law says that the spouses must live apart. This choice is usually made when one spouse needs to be apart from the other for a good reason but isn't ready for a full divorce yet.

In North Carolina, a spouse can get a divorce from bed and board if they can show that their partner did something wrong, including:

  • Abandonment
  • Maliciously turning the other spouse out of the home
  • Cruel or violent treatment that endangers life
  • Indignities and insults that make life impossible
  • Drug or alcohol abuse
  • Adultery

A divorce from bed and board order can protect one spouse in important ways, such as giving them the legal right to stay in the marital home or get temporary support. It's important to remember that divorce from bed and board is not the same as an absolute divorce. However, time spent living separately and apart after a DBB order can count toward the one-year separation required for absolute divorce.

How to obtain a divorce from bed and board in North Carolina

Getting a divorce from bed and board in North Carolina is different from getting an absolute divorce. This process requires going to court and proving that your spouse is at fault for the breakdown of the marriage. It’s not automatic. You’ll need to file a lawsuit and provide evidence. It works like this:

  • The process begins with you filing a formal complaint with the court in the county where you or your spouse lives. In this complaint, you will state the legal reason, or grounds, for seeking a divorce from bed and board.
  • Next, you must demonstrate that your spouse did something that qualifies as marital misconduct. These grounds include abandonment; maliciously turning the other out of doors; cruel or barbarous treatment endangering life; indignities that render the other spouse’s condition intolerable and life burdensome; excessive use of alcohol or drugs; or adultery.
  • After that, a judge will hold a hearing, where you’ll have to present proof of your spouse’s misconduct. This proof can include things like witness statements, text messages, photos, or financial records, depending on your particular situation.
  • Finally, if the judge agrees that your spouse’s behavior meets one of the legal fault grounds, they will issue an order for divorce from bed and board. This provides you with a legal separation and may also grant you rights to the marital home or temporary support.

Remember, a divorce from bed and board doesn’t end your marriage. However, it can provide you with important legal protections while you prepare for an absolute divorce. The family law attorneys at Epperson Law Group, PLLC, help our Charlotte clients through every step of this process. We build a strong case and fight to protect your safety, property, and peace of mind.

What are some reasons to seek a divorce from bed and board?

Typically, people seek a divorce from bed and board when they need legal protection from a toxic or harmful marriage but aren’t yet eligible or ready for an absolute divorce. This is a court-ordered separation that provides you with space and security while still being legally married. Common reasons people in North Carolina file for divorce from bed and board include:

  • Your spouse refuses to provide support or has abandoned you.
  • Physical abuse or threats of harm make it unsafe to stay together.
  • Your spouse has been unfaithful, and it's affecting your ability to continue the relationship.
  • If your spouse constantly puts you down, insults you, or makes life unbearable, you may qualify.
  • Ongoing drug or alcohol use that harms the marriage or endangers the family.

In North Carolina, these are considered "fault-based" grounds. Filing for divorce from bed and board can help you legally separate, seek temporary support, and even stay in the marital home.

We help clients throughout Charlotte make smart, informed choices when a difficult marriage turns into a legal matter. If you need protection or clarity, we're here to help.

The steps for obtaining a divorce from bed and board

A divorce from bed and board can be the right option if you’re in a difficult marriage and need legal space or protection. As stated earlier, this isn’t a full divorce, but a court-ordered separation that can help you stay safe, keep your home, or get financial support. Steps involved include:

  • First, you should start by meeting with a Charlotte divorce lawyer, like the attorneys at Epperson Law Group, PLLC. We can help you figure out whether you qualify for divorce from bed and board and describe what evidence you’ll need.
  • Next, you’ll file a formal complaint in the appropriate North Carolina district court. The complaint should include the legal reasons, or grounds, for divorce from bed and board, like cruelty, abandonment, adultery, or substance abuse.
  • After you file, your spouse must receive official notice or service with the complaint, at which point they have a chance to respond.
  • Then, you’ll present your case before a judge, where you can show evidence of your spouse’s misconduct, perhaps through testimony and documents.
  • Finally, if the judge finds that your evidence supports the legal fault grounds, they will issue an order for divorce from bed and board. This gives you a court-ordered separation and can grant temporary support, home possession, or custody arrangements.

Although this doesn’t legally end your marriage, a divorce from bed and board can provide you with protection and a path forward. At Epperson Law Group, PLLC, we stand by our clients throughout each step of the process.

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How can your Charlotte divorce from bed and board lawyers help with my case?

At Epperson Law Group, PLLC, we know how overwhelming it can be to take the first legal step away from a painful marriage. A divorce from bed and board is a serious decision, and you shouldn’t have to face it alone.

Our Charlotte divorce attorneys will help you understand if divorce from bed and board is right for your situation. We can help you by handling the legal filings, representing you in court, and pushing for fair results, like support, custody, or the right to stay in the marital home. Most importantly, we give you the guidance and peace of mind you need during a difficult time. Let us help you move forward with strength and confidence.

Do you have a Charlotte divorce from bed and board lawyer near me?

Our Charlotte office is located at 10851 Sikes Place, Charlotte, NC 28277. We’re right off the NC-16. Our team is available for appointments, telephone calls, and Zoom video consults.

Get a Charlotte divorce from bed and board lawyer in your corner today

If you’re in a difficult or unsafe marriage and think a divorce from bed and board might be right for you, the team at Epperson Law Group, PLLC, is here to help. We understand how emotionally and legally complex this process can be, and we can guide you every step of the way, from filing your case to presenting strong evidence in court. Our Charlotte family law attorneys are committed to protecting your rights, your safety, and your future. Let us give you the support and legal strength you need to take the next step. To reserve a consultation at one of our offices in Charlotte, Boone, or Weddington, please call our offices or fill out our contact form.