Who can file for divorce from bed and board?
Only the injured party may apply for a divorce from bed and board.
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Quickly find the answers you’re looking for as it pertains to Absolute Divorce in North Carolina.
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What are the Grounds for Absolute Divorce in North Carolina?
How do I prove fault for divorce from bed and board?
The method for proving any of the six grounds for divorce from bed and board is the same as the proof required for any of those same grounds under the alimony case law, reviewed in the spousal support section of this chapter. The complaining party must prove the ground by the greater weight of the […]
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How can I defend against a claim for divorce from bed and board?
The party defending against an action for divorce from bed and board has the common law affirmative defenses still available in the alimony context, i.e., condonation, connivance, collusion and recrimination, also discussed in more detail in the alimony section of this website. The simple fact of the parties’ reconciliation while the action is pending is […]
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Can I force my spouse out with divorce from bed and board?
Can I use divorce from bed and board to force my spouse out of the house? As an action seeking a judicially authorized separation, an action for divorce from bed and board is seen by North Carolina courts as an appropriate vehicle for awarding exclusive possession of the marital home. A divorce from bed and board […]
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Can a minor child’s last name be changed without both parent’s permission?
In North Carolina, a parent may not change the name of a minor child without the consent of the other parent, except in the following instances: the other parent is deceased; the minor child has reached the age of 16; the minor child has the consent of the custodial parent who has supported the minor […]
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If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?
A final, alternative method is a process called “Notice of Service of Process by Publication.”
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What is “Notice of Service of Process by Publication”?
Service by publication is when a notice regarding the action is placed in the newspaper in the county where defendant last resided. This alternative method for service is technically more complicated than the other methods, so that it may be difficult to effectuate without the assistance of an attorney. Service by publication also increases the […]
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At what point during the process can a spouse remarry?
Only after the absolute divorce is granted by North Carolina court, can a spouse remarry.
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