A bed and board divorce is a legal separation that allows a married couple to live apart while remaining legally married. This type of divorce does not permit either partner to remarry. It is often granted in cases where one spouse has committed a fault, such as cruelty or abandonment. The process usually involves a court order that may require one spouse to leave the shared residence.
Bed and board divorce is primarily used in family law. It serves as a legal remedy for couples who wish to separate but do not want to pursue a full divorce. This separation can help protect the rights of the injured spouse and may involve court proceedings to address issues like property division and support. Users can utilize legal templates from US Legal Forms to navigate the necessary paperwork for this process.
Here are a couple of examples of abatement:
(Hypothetical example) A partner may seek a bed and board divorce if their spouse has been emotionally abusive. The injured partner can petition the court to order the other spouse to leave the home while the legal separation is in effect.
(Hypothetical example) A couple may decide on a bed and board divorce due to one partner's abandonment, allowing them to live separately while maintaining their legal marital status.
| State | Bed and Board Divorce Availability |
|---|---|
| New Jersey | Available, often used in cases of marital misconduct. |
| North Carolina | Recognized, allows for separation without full divorce. |
| Pennsylvania | Available, typically involves fault grounds. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Legal separation | A formal arrangement where couples live apart but remain married. |
| Divorce | A legal dissolution of marriage, allowing both parties to remarry. |
| Annulment | A legal procedure that declares a marriage null and void, as if it never existed. |
If you believe a bed and board divorce is suitable for your situation, consider the following steps:
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| Attribute | Details |
|---|---|
| Legal Status | Legally separated but not divorced. |
| Remarriage | Not allowed until a full divorce is obtained. |
| Common Grounds | Desertion, cruelty, or mutual agreement. |
No, not all states recognize bed and board divorce. It's important to check local laws.