Divorce from Bed and Board in North Carolina: What It Is and Who Qualifies

What is Divorce from Bed and Board (DbB)?

The term 'Divorce from Bed and Board' is historically confusing. In North Carolina, a DbB is not an actual divorce that ends your marriage. Instead, it is a fault-based, court-ordered legal separation authorized under N.C. Gen. Stat. § 50-7. When a judge grants a DbB, the parties are legally separated, but they remain legally married and cannot remarry anyone else. This action is typically filed in local courts, such as the Cumberland County District Court, Fayetteville, or the New Hanover County District Court, Wilmington. Because the state requires a 1-year physical separation to get an Absolute Divorce, a DbB is often utilized as an emergency stepping stone to protect an injured spouse. If you are facing a hostile living environment, you can find experienced local attorneys in our directory to help you file this action.

Grounds for Filing: Who Qualifies?

Unlike an Absolute Divorce, which is no-fault, a Divorce from Bed and Board requires the complaining spouse to prove that the other spouse committed specific acts of marital misconduct. To succeed, you must demonstrate at least one of the statutory fault grounds.

Abandonment or Kicking a Spouse Out

Abandonment occurs when a spouse leaves the marital home without a valid reason, without the consent of the other spouse, and without the intent to return. Constructive abandonment can also occur if a spouse wrongfully forces the other to leave the home (maliciously turning them out of doors). In such cases, the court can intervene to establish boundaries.

Cruel and Barbarous Treatment

If a spouse endangers your life or subjects you to indignities that make your life burdensome and your condition intolerable, you may qualify for a DbB. This often involves physical abuse, severe emotional abuse, or domestic violence. In Perkins v. Perkins, 85 N.C. App. 660 (NC Court of Appeals 1987), the court affirmed that a pattern of humiliating and verbally abusive behavior can constitute indignities sufficient to grant a DbB.

Substance Abuse and Endangerment

Excessive use of alcohol or drugs that makes the living situation intolerable is another recognized fault ground. If your spouse's addiction is destroying the household environment or placing you in physical or financial danger, a judge can grant the DbB to legally separate the parties and secure your safety.

Forcing a Move-Out and Property Rights

One of the primary reasons spouses seek a Divorce from Bed and Board is to solve the 'who stays in the house' problem. Since North Carolina requires couples to live under separate roofs to start the 1-year separation clock, a stalemate often occurs when neither spouse is willing to move out. By winning a DbB lawsuit, you can obtain a court order effectively evicting the at-fault spouse from the marital residence. This gives you exclusive possession of the home. Furthermore, a DbB judgment severely impacts the at-fault spouse's estate rights. Under North Carolina law, a spouse against whom a DbB is granted loses their right to claim a statutory share of your estate if you pass away before the Absolute Divorce is finalized.

DbB vs. Absolute Divorce

It is vital to understand how these two legal actions differ to choose the right path for your situation.

Costs and Timelines

Because a DbB requires a full civil lawsuit proving fault, it is significantly more expensive and time-consuming than an uncontested Absolute Divorce. You must file a formal complaint, issue a Form AOC-CV-100, North Carolina, District Court, Civil Summons, undergo the discovery process, and potentially have a trial before a judge. Legal fees for a DbB can easily range from $3,000 to over $10,000 depending on how fiercely the allegations are contested. The timeline to get a hearing for a DbB can take anywhere from a few months to over a year, depending on the backlog of your local District Court.

Frequently Asked Questions (FAQ)