What is the Difference Between a Legal Separation, Divorce From Bed and Board, and Absolute Divorce?
Legal separation in North Carolina is when the two spouses live separate lives but remain legally married. Couples may choose to do this for many reasons including the continuation of certain benefits, eligibility for future benefits or for religious reasons. While the parties are still legally married they can allocate property rights, determine child custody and divide the marital home in various other ways set out by a separation agreement. While North Carolina does recognize legal separation, each of the two parties must have their separation agreement notarized.
A divorce from bed and board is a fault-based removal of one party from the marital home. Since separation in North Carolina begins when the parties stop cohabitating, one party may use a divorce of bed and board to get the courts to force the other party out of the marital home. However, this is a fault-based action that must be proven to the court. Things such as abandonment, adultery, the excessive use of drugs or alcohol and so on would be a valid basis for divorce of bed and board. However, a divorce from bed and board is unusual and is not often granted by the courts. This type of divorce can also have certain effects on inheritance rights that should be discussed with a competent attorney before commencing such an action.
An absolute divorce is what most people would typically think of when they hear the word divorce. This is a proceeding done in court that terminates the marriage between spouses. Once you have been granted an absolute divorce you are no longer married and are free to associate with whomever you choose, have sexual relations, buy property etc. without worrying about the other party. An absolute divorce is only granted for two reasons in North Carolina. The first is incurable insanity, which requires medical records and possibly psychiatric testimony to prove. The other option is when both parties have been legally separated for one year without any reconciliation during that one-year period. If you get back together with your spouse to try to work things out then the one-year time frame starts over. So once your spouse and you have lived apart for at least one year and you meet all of the residency requirements (living in North Carolina for 6 months) you can file for absolute divorce.
If you are planning to file for divorce, please contact our office at (980)225-1836 or Info@DuncanLarsonLaw.com to set up a low-cost consultation.
