QUESTION

Since the bed and board divorce case is still pending, can my husband get an absolute divorce?

Asked on May 28th, 2013 on Divorce - North Carolina
More details to this question:
My boyfriend has a pending case of bed and board divorce that his wife has filed. He went and filed an absolute divorce last week.
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2 ANSWERS

There is no such thing in Illinois. You need to ask an attorney in the state where the case is pending.
Answered on May 29th, 2013 at 9:12 PM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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A lawsuit for a Divorce from Bed and Board (DBB) is very different from a lawsuit for Absolute Divorce. A DBB involves seeking a court-ordered judicial separation (and basically to oust the other person from the house) due to a specific fault ground, such as adultery, domestic violence, substantial substance abuse, etc. But it is not a divorce at all, where the parties have ended the marriage and can remarry. An absolute divorce is when the parties have already been separated for 1 full year and you simply file a suit to finalize the cessation of marriage, no fault ground needed. It would be helpful to know more about whether these two cases are in the same county, how long the parties have been separated, and what the status of the DBB is. You should have him consult with an attorney soon. He would need to do it, as this is his legal matter, not yours.
Answered on May 29th, 2013 at 12:02 PM

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