Union County Divorce Lawyers
A one-year legal separation period is required prior to divorce in North Carolina. To be legally separated, the two spouses must live in two separate residences. What happens when neither party wants to leave the family home? A lawsuit may be necessary to have the court order one of the spouses out. This lawsuit is called divorce from bed and board.
At Weaver, Bennett & Bland, P.A., in Matthews, our lawyers have more than 30 years of experience helping people in Union County and the Charlotte area. If you believe filing for divorce from bed and board is necessary, we can handle this unique lawsuit.
The Last Resort
These lawsuits are generally reserved for situations in which there are no other options available. This is because, in order for the lawsuit to be a success, it may require that a lot of bad facts about the opposing spouse be brought to light. In most cases, particularly when children are involved, this type of action is best avoided. However, we know that it is sometimes necessary, and we have the skill to pursue this action.
Depending on the specifics of the case, the threat of bringing the bad facts to light in public may be enough to get the opposing spouse to move out of the family home voluntarily. These facts would not necessarily come out during a divorce, because divorce in North Carolina is no-fault.
The Outcome
Technically, the courts do not have the authority to order one party or another out of the family home. However, a judge may issue a court order to encourage the offending spouse to leave voluntarily. This order can protect the offending spouse later in the process, preventing any claims that the spouse abandoned the marriage.
How Can We Help You?
If you want to pursue a lawsuit for divorce from bed and board, or if you are the target of this type of lawsuit, call 704-321-8031 or e-mail us to schedule an appointment with our experienced family law attorneys.
