Did you know that a “divorce from bed and board” does not actually divorce you from your spouse? A claim for divorce from bed and board is filed when a married couple lives together, one party has committed marital misconduct, and neither party is willing to leave the marital home. If the grounds for divorce from bed and board are successfully proven, the court will award the prevailing party a legal separation, which allows that party to then pursue his or her marital claims. It is essential that the party who is seeking the divorce from bed and board did not commit any marital misconduct, and can prove in court that the other party did commit marital misconduct, such as adultery, abandonment, excessive drinking, drug abuse, or gambling. The accused spouse often turns around and claims that the other party was equally at blame, and the judge will only grant a divorce from bed and board if the spouse who requests it can prove that he or she was blameless. If both parties committed marital misconduct, a judge will not award a divorce from bed and board.
Learn more about divorce from bed and board by contacting one of the Divorce Attorneys at Sodoma Law.