Get NC Complaint For Divorce From Bed And Board 2017-2024

Unlike absolute divorce, a divorce from bed and board is a fault-based legal action. Despite its name, a divorce from bed and board does not dissolve the marriage: rather, it is a court-ordered decree of legal separation. In this separation, the matrimonial bonds still exist, so neither spouse has the right to remarry.

The Complaint must contain a statement of facts to give a person fair notice of the basis for the lawsuit. An affidavit (sworn written statement) showing where the party lives and has lived must also be submitted in order for the Court to make a finding of jurisdiction.

Process for Uncontested Divorce Once the couple has been separated for 12 months or more and at least one spouse has been a resident of North Carolina for at least six months, either spouse can file a Complaint for Absolute Divorce. The complaint is served on the other spouse but the spouse can waive service.

There are only two grounds (reasons) for divorce in North Carolina: separation for one year;1 or. incurable insanity of one spouse and living separate and apart (separation from cohabitation) for three consecutive years, including at the time where the petition is filed.

Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.

What is a Divorce from Bed and Board? In spite of the confusing name, a Divorce from Bed and Board (a “DBB”) is not a divorce. A DBB is a court-ordered separation. DBB orders are available only under limited circumstances where the spouse requesting the order can prove serious fault, such as adultery or drug abuse.

Under North Carolina law, a spouse may seek divorce from bed and board if the other spouse has committed any of the following acts: Abandoned his or her family. Maliciously thrown the injured spouse out of the home. Endangered the injured spouse's life with cruel or barbarous treatment.

The state of North Carolina requires couples to have been separated for one year before getting a divorce. While there can be exceptions to this requirement based on extenuating circumstances, there is no way to avoid this one year waiting period.