One key aspect of marriage is cohabitation, as many couples build homes and families together. However, there are times when living in the same space is no longer possible or safe. If your spouse is making your home life intolerable but you don’t want to get a divorce yet, you may want to consider legal separation. In North Carolina, you have the option to file for a divorce from bed and board (DBB).
What a DBB is
Despite the name, a divorce from bed and board is not the same as ending a marriage. It is a legally recognized separation that allows spouses to live apart but remain married. You can opt for this if you or your spouse rely on health or tax benefits for married people, or if you both feel that divorce is not an option yet.
This decree can also include arrangements for urgent matters such as financial support and child care. You or your spouse may not want to live together anymore, but you can both make sure your finances and children will not suffer as a result.
Legal paperwork
To initiate a divorce from bed and board, only one party needs to file the legal action. Before filing, you or your spouse must have been a North Carolina resident for at least six months. You will then have to file your papers in the court district where you reside.
Evidence proving fault
In addition to paperwork, you need to show that the other party is at fault. This means proving that their repeated behaviors made the separation necessary.
There are several valid grounds for DBB, including substance abuse, adultery and abandonment. Some grounds may be more challenging to prove in court as they fall under specific guidelines. Seeking guidance from a legal professional can be a helpful way to better navigate the intricacies of these grounds. They can also verify if the evidence meets the court’s standards.
What comes next
Once a judge grants the DBB, the court officially recognizes your separation. This allows you and your spouse to focus on trying to resolve your issues from a safe distance.
It is up to both of you whether you want to explore reconciliation and eventually resume cohabitation. However, if the marriage can no longer be saved, you have the option to file for an absolute divorce as a final step.