Divorce From Bed and Board vs. Absolute Divorce in North Carolina?

In North Carolina, two types of Divorce exist: Absolute divorce and Divorce From Bed and Board. It is easy to confuse these two legal topics due to both containing the word Divorce; however, they are two completely different processes, with two completely different results. An Absolute Divorce may only be granted after a full year of separation; however, a Divorce From Bed and Board may be granted prior to separation, is based on fault, can be used to force a spouse out of the marital residence, and is used as a tool to establish the one year of required separation for an Absolute Divorce.

A Divorce From Bed and Board in its truest sense is means to establish a legal separation between two cohabitating spouses when both spouses refuse to leave the marital residence. This can be beneficial in two ways to a spouse granted a Divorce From Bed and Board: (1) a successful spouse that will later be seeking Post Separation Support or Alimony will be able to leave the marital residence without the Supporting Spouse claiming Abandonment and (2) a successful spouse may be able to force the other spouse out of the marital residence.

An Absolute Divorce only alters two legally married individuals’ marital status. Absolute Divorce is granted to legal residents of North Carolina who have been separated for over a year.

This is a major distinction and even though an individual may be granted a Divorce From Bed and Board, that individual cannot remarry until they still effectuate an Absolute Divorce. Hence, a Divorce From Bed and Board can, and is used to effectuate the one year of required separation for an Absolute Divorce. If you have questions about Divorce, contact the Charlotte North Carolina Office of David P. Sheehan at (704) 222-4752 to speak with an Attorney today.