MONROE NC FAMILY LAW
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Divorce from bed and board in NC

Divorce from bed and board NC
Divorce from bed (DBB) and board is rarely filed, but sometimes necessary to evict a spouse in NC from the marital residence. Absent the need to remove a spouse there is little value is filing for divorce from bed and board as it is not a true divorce, which still requires a full year of separation. Instead DBB is really just a court ordered judicial separation.

One of the problems with filing for DBB is that the other party can request a jury trial which can delay the hearing for over a year depending on the county. This means a divorce and property distribution hearing may have already have occurred making the issue moot.

§ 50-7.  Grounds for divorce from bed and board

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1)        Abandons his or her family.

(2)        Maliciously turns the other out of doors.

(3)        By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.

(4)        Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5)        Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6)        Commits adultery. (1871-2, c. 193, s. 36; Code, s. 1286; Rev., s. 1562; C.S., s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2.)
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  • Home
  • NC Laws
    • Divorce >
      • Divorce from bed and board
      • Divorce based on insanity
      • Resumption of maiden name
    • Child Custody >
      • Attorney fees for Child Custody
      • Modification of Child Custody
    • Child Support >
      • Child Support Enforcement Agency
      • Attorney fees for Child Support
      • Modification of Child Support
    • Property Distribution >
      • Retirement Distribution
      • Sanctions for Delay of Property Division
    • Spousal Support >
      • Postseparation Support >
        • Attorney fees for Postseparation Support
        • Modification of Postseparation Support
      • Alimony >
        • Attorney fees for Alimony
        • Modification of Alimony
    • Separation Agreements
    • Domestic Violence
  • Union County Local Rules
    • Emergency Custody
    • Custody Mediation
    • Temporary Custody
    • Child Support
    • Property Distribution
    • Spousal Support
    • Union County Local Forms
    • Courthouse info
  • Contact