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Divorce From Bed and Board

There are two types of divorces in North Carolina: (1) absolute divorce and (2) divorce from bed and board. Absolute divorce is the official ending of the marriage, completely ending the marital rights and duties between the parties. To obtain an absolute divorce, the parties need only show that they have lived separate and apart for at least one year with the intent to dissolve the marital bonds. No fault is required. Unlike absolute divorce, a divorce from bed and board is based on fault. A divorce from bed and board DOES NOT dissolve the marriage. It merely creates a legal separation between the parties and establishes certain rights and duties of each party until a final divorce (the absolute divorce discussed earlier) is obtained. To obtain a divorce from bed and board, one spouse must prove that the other spouse committed at least one of the following six grounds listed in North Carolina General Statute § 50.7: 1. Abandonment of the family; 2. Maliciously turning the complaining spouse out of doors; 3. Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life; 4. Indignities that render the complaining spouse’s condition intolerable or life overly burdensome; 5. Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome; 6. Adultery .

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

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John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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