If you are considering filing for a divorce from bed and board, it is important to understand what it entails. Commonly known as a “legal separation,” this type of dissolution of a marriage involves much more than just the two parties not living together anymore; instead, it may include property division and child custody rights, among other things.
In some cases, obtaining a bed and board divorce can even be difficult to obtain in certain states due to the laws related to separations. Regardless of your motive behind wanting or needing one, knowing all that goes into such an arrangement can help you make informed decisions regarding your future.
Overview of Divorce From Bed and Board
A divorce from bed and board is a type of divorce that involves two parties legally separating but never actually getting divorced. It’s not uncommon for couples who want to pursue divorce proceedings to first consider this option, as it allows them to maintain the legal benefits of being married without having to endure the heartache and stress associated with an actual divorce.
What Are the Benefits of Divorce From Bed and Board?
The main benefit of divorce from bed and board is that it allows couples to divide assets, establish custody rights, and make arrangements pertaining to support payments in a way that’s agreeable to both parties. This means they can move on with their lives while still enjoying many of the benefits of marriage, including being able to file jointly for taxes and having access to health insurance.
Are There Downsides to Divorce From Bed and Board?
Though divorce from bed and board, may seem like the perfect solution for some couples, it is important to understand that it can be difficult or even impossible to obtain in certain states due to the legal definition of divorce. Additionally, some couples may find themselves stuck in a limbo-like situation if they remain legally married but live separately.
Couples should also be aware that divorce from bed and board does not dissolve a marriage — meaning the two parties are still technically married and can’t remarry without getting an actual divorce.
Filing for divorce from bed and board is a serious decision that should not be taken lightly. It’s important to consult a lawyer experienced in family law before deciding if this option is right for you. With the right guidance, you can decide what’s best for your situation and move forward with confidence.
What Are the Grounds for a Divorce From Bed and Board?
In order to file for divorce from bed and board, you must have a valid reason, such as:
- Adultery – Adultery is one of the most valid grounds for divorce from bed and board. It is voluntary sexual intercourse between two married people, one of whom is not the other’s legal spouse. But in many states — the judges don’t care either way.
- Abandonment – Abandonment involves one spouse leaving the marital home without any intention to return or provide support for at least one year.
- Cruelty – Cruelty can be defined as any physical or mental abuse suffered by either spouse.
- Separation – Separation occurs when spouses have lived apart for at least a year due to disagreements or other factors.
- Habitual Intemperance – Habitual intemperance is the excessive use of drugs or alcohol by one spouse.
- Excessive Spending – This involves one spouse spending money in a way that is detrimental to the other spouse’s financial interests.
Understanding divorce from bed and board can help you make an informed decision when considering your legal options. Before making any decisions, it’s important to consult a lawyer to ensure this is the right choice for you. With the right guidance, you can move forward with confidence.
What Are the Consequences of a Divorce From Bed and Board?
The consequences of divorce from bed and board depend on the agreement reached between the two parties. Additionally, they may have difficulty remarrying in the future without obtaining an actual divorce.
Overall, this type of divorce can be a viable option for couples who are looking to divorce but wish to maintain some of the benefits of marriage. It is important to understand all of the legal implications before making any decisions, so it’s always best to consult an experienced family law attorney. With the right guidance, you can make informed decisions that are in your best interests.
How Can a Divorce Attorney Help You With This?
A divorce attorney can provide invaluable assistance, especially in cases where you’re going through a divorce from bed and board. They will advise you on the best course of action and ensure that all legal requirements are met. They will also work with you to create a divorce agreement and represent your interests in court if needed.
With the right guidance, you can make informed decisions that are in your best interests. If this is the right option for you, a divorce lawyer can help you to understand all the legal aspects. With a divorce attorney by your side, you can move forward with confidence.
Conclusion
Divorce from bed and board is a viable option for couples who wish to divorce but remain married. It can provide some of the benefits of marriage without many disadvantages. Before making any decisions, it’s important to understand all of the legal implications and consult an experienced lawyer. With the right legal guidance, you can make informed decisions that are in your best interests.
