First, this is not a divorce.  Frankly, the word divorce should not be included in the title because it causes confusion.

This is a judicially ordered separation based on fault.  Essentially, a judge can kick one spouse out of a house and create a separation.  (Note:  Not every judge believes they have the power to kick a spouse out of a house in a divorce from bed and board action, so this can get complicated).  There are also other effects of a divorce from bed and board that we can discuss, but the primary purpose is to create a separation.  To get “divorced” (i.e. Absolute Divorce) you still need to be separated for one year.  So, if you are already separated from your spouse, or if getting separated is not an issue, then this cause of action is unlikely to be filed in your case. 

These are six grounds for a divorce from bed and board N.C.G.S. 50-7, if a party:

1. Abandons his or her family.

2. Maliciously turns the other out of doors.

3. By cruel and 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.

In a divorce from bed and board action, you would be suing your spouse and requesting that a judge make a finding that they have committed marital misconduct in one of the above-listed categories, and then evict your spouse from the marital home.  Despite how appropriate and justifiable that may sound to you, think about what that means in reality:  You are filing a lawsuit against someone you live with, and you are engaging in months (sometimes years) of litigation with someone that you still live with!  You will generally not get a separation until after they have had a chance to answer the complaint (30-60 days), after a discovery period has elapsed (at least another 30-60 days) and then after a trial is later held in which you prevail.  You get the point – this usually takes a long time.  This has got to be one of the more miserable ways to live life.  Divorce from Bed and Board is the last resort of two thoroughly unhappy spouses (and probably children too) neither of whom will agree to leave the marital home.  If you think homelife is toxic now, just wait until you are suing each other.  Before I file this action on your behalf, we will be discussing any other way for you to separate from your spouse.