What is Divorce From Bed and Board in North Carolina?

In North Carolina, a Divorce From Bed and Board, also known as a mens et thoro, is the oldest form of Divorce. In its truest form, it is a judicial decree stating two married parties are legally separated. Even though both parties are only separated, A Divorce From Bed and Board allows a party to file for Alimony, Child Custody and Child Support simultaneously.

The grounds are all fault based and the grounds and defenses for this action are all issues of fact and may be tried by a jury. The statutory basis for fault are:

The Abandonment of the marital residence or family by one spouse; Cruel or Barbarous Treatment by one spouse to another; If a spouse offers indignities to the other spouse to the point that their life is rendered to be intolerable or burdensome; Excessive use of Drugs or Alcohol; and The Commission of Adultery by one spouse.

Although Divorce from Bed and Board is alive and well in the North Carolina Court system, modernly, it is rarely used. It is currently used when both spouses refuse to leave the marital residence and a spouse is attempting to force another out of the marital residence. Contact a Charlotte North Carolina Divorce Attorney at the law offices of David Sheehan today.