Absolute Divorce or Divorce From Bed and Board? Your Options | Allan Brandon Tise PLLC, Attorney at Law

Do you want to end a marriage in North Carolina? While all states differ in how they handle family law, a few states handle divorce in ways that many people may not be familiar with. North Carolina, for instance, allows for two different types of divorce: absolute divorce and divorce from bed and board. What do these terms mean? And how can you choose wisely for your own case? Here is a brief guide.

The term “divorce from bed and board” confuses many people who aren't intimately familiar with North Carolina law. While its name implies that this is a standard divorce, it is more like a legal separation. A “divorce from bed and board” does not sever a marriage, but rather allows a spouse to legally separate from the other spouse under certain grave circumstances. To qualify for a divorce from bed and board, you generally must be able to show just cause. Basic causes for this action include abandonment, eviction, cruel treatment, emotional abuse, drug or alcohol addiction, or adultery. Because you must show the other party to be at fault in the breakdown of the marriage, you should consult with an experienced attorney to build this case. Divorce from bed and board offers many of the same protections as legal separation in other states. You can arrange for custody, your spouse loses some rights inherent in being a spouse, and you can move forward with your life. This type of divorce provides protection from a potentially dangerous situation while still allowing both persons to decide the ultimate fate of their relationship. However, keep in mind that if you do opt for divorce from bed and board, you will remain legally married. To marry again or to fully terminate spousal rights, you or the other spouse would have to seek absolute divorce. This double cost and effort can deter some couples from using this option.

Absolute divorce is, in North Carolina and certain other states, the term for a complete legal dissolution of the marriage. It is what most people would think of as a standard divorce. It is considered to be “no-fault,” meaning that it doesn't legally matter what caused the marriage to break down. No one has to prove the other was the culprit, and no one takes the blame in negotiations. To pursue an absolute divorce, you and your partner must have not lived together for at least one year (unless you can prove that the other party is legally insane). However, the waiting period may start over if you are considered to have reconciled with your spouse by cohabiting or having ongoing intimacies. Consult with a North Carolina divorce attorney to determine what type of proof you must have that you now live elsewhere. Because the no-fault divorce does require a waiting period, some couples in North Carolina choose to get a legal separation (divorce from bed and board). This allows you to move out and start your new life while waiting. This option may provide for support as well as custody arrangements in the meantime.

Not sure what your best option is to terminate your marriage? Clearly, as in all states, North Carolina residents need to understand the complexities of their particular state's laws. Pursuing the wrong type of divorce or separation can result in additional time, legal costs, and complications. At Allan Brandon Tise, PLLC , we understand state divorce requirements. Call today to make an appointment with one of our experienced legal professionals and receive the counsel you need to start your new life.