Divorce from Bed and Board

I’m all in with Collaborative Divorce

Yesterday I conducted a collaborative divorce conference at the Separating Together offices in Raleigh.  What began as an extremely emotional, divisive, and potentially explosive divorce, is now beginning to steer its way towards final resolution.  This would have been one of those cases where a typical litigation attorney would have proclaimed loudly, “collaborative divorce will never work for that couple…” but we have proven the naysayers wrong once again. I anticipate that this is going to be happening quite a bit during the coming months and years, as more people leave their divorce behind knowing that they did what was […]

What should you bring to your meeting with a Divorce Lawyer?

I often get asked about what documents or other information my clients should bring with them to their initial assessment with my office.  Some lawyers will tell their clients to bring “anything you thing would be helpful to help me understand your case,” although that is a pretty general statement, and doesn’t help the client. Here is a list that can act as a starting point for you to gather information for the first meeting: Tax Returns are an essential element of Divorce Planning – Not only do they show how much money you and your spouse make, but they […]

How do you decide who moves?

If you live in North Carolina and are thinking about divorce, you probably know that if you want a divorce, you have to separate from your spouse for at least a year.  Unfortunately, it’s the separating part that is tough.  Legally speaking, you could request a divorce from bed & board, or if there is domestic violence you can request a restraining order – but short of those two options, there really aren’t a whole lot of options. You either need to wait until things get so bad that you decide to leave, or perhaps your spouse will reach their […]

Is a Divorce from Bed and Board a Divorce?

I recently was asked whether you can get a divorce in North Carolina without going through the one-year waiting period if you can prove fault.  This is a great question, because I have to admit, when I first started studying for the NC bar, this was a stumper for me as well (and I have been a practicing attorney since 2004). The issue here is whether in NC a divorce from bed and board is the same as a divorce.  Unfortunately, a divorce from bed and board is not the same as an absolute divorce – and here is where […]