A divorce from bed and board is a fault-based, court-ordered separation. This differs from an “absolute divorce” in that it does not dissolve the matrimonial bond. This claim often accompanies an alimony claim because it is fault-based and certain alimony grounds are also grounds for a divorce from bed and board. The divorce from bed and board grounds are as follows:
- Abandoning the family;
- Maliciously turning the other spouse out of doors (forcing them to leave);
- Treating the other spouse in a cruel and barbarous manner and endangering his or her life;
- Offering indignities to the other spouse rendering his or her condition intolerable and life burdensome;
- Using drugs or alcohol in excess; and
- Committing adultery.
If the court finds that a spouse has committed one of these grounds, the offending spouse may be ordered to leave the marital residence.
Only the injured spouse is entitled to bring an action for divorce from bed and board. Either spouse may request a jury trial and the jury must determine whether either or both spouses have committed any of the grounds for divorce from bed and board. It can be months before a jury trial can be obtained. A divorce from bed and board is rarely pursued or obtained because of procedural difficulties and the expense involved. However, in some cases, a divorce from bed and board is an important and viable remedy for securing your present peace of mind as well as securing valuable rights in the future.
