Getting a divorce from bed and board is not actually a divorce but is a court ordered separation. There are many nuances to proving one of the below six “faults” that require consultation with a family law attorney. Most “divorce from bed and board” proceedings center around who is going to get the marital home.

Per NC General Statute §50-7, the court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

  1. Abandons his or her family.

  2. Maliciously turns the other out of doors.

  3. By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.

  4. Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

  5. Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

  6. Commits adultery.

Many clients I see are concerned and confused, based on the advice from friends and relatives, as to what “abandonment” (#1) means. In NC, a couple has to be separated and living in separate residences for a year before they can file for divorce. At least one has to have separated with the intent to divorce. Many individuals are concerned that if they move out, they will be treated as having “abandoned” their spouse and family. Most of the clients I see are divorcing by mutual agreement. In that case, both spouses are consenting to one moving out, or separating, and in that case, the law does not treat that as abandonment.

I have heard of a spouse who agreed to a separation who later filed for divorce from bed and board in order to get the upper hand in the divorce and to secure the marital home. The spouse claimed that the separation was not by mutual consent or was a trial separation without the intent to divorce by either party. It became a case of who was telling the truth.

Whenever possible, it’s important that both spouses are very clear when one spouse moves out that it is by mutual agreement. Writing something up between the spouses is a great idea so there cannot be any misunderstanding.