Dicorce from Bed and Board

Updated on December 09, 2008
K.J. asks from Concord, NC
9 answers

husband is filing for divoce from bed and board even though he casue the stress to me. he has a retraining order to saty away from us due to assaulting me. we have a home and now we have to go to equitable distribution. what is this and how is it determined.

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L.D.

answers from Raleigh on

K.,
I'm sorry to hear about what you're going through. The Rosen Law Office has a website that has all the forms and calculations used in North Carolina. You can get a better idea of how equitable distribution works as well as what else you can expect re: alimony, child support etc. I think the site is rosenlaw.com but you can google it. Also, as someone else stated, don't sign anything if you don't agree to the terms.

Good luck,
L. D.

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A.T.

answers from Wilmington on

I had responded to another request with this website and maybe it will help you find an attorney. http://www.lawyers.com/Divorce/browse-by-location.html You can put in the state you live in and then it will give you different cities. You can then go onto each law firm and review the lawyers bio's. I think it will really help you. They may be able to give you an idea of who does free consults. I know this is a stressful time as my girlfriend is going through a divorce but it is a bit more amicable.
Best of luck.

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L.B.

answers from Knoxville on

Equitable distribution means dividing up your assests and debts equally. Either the two of you can come toan agreement or a judge will figure it out for you.

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B.L.

answers from Raleigh on

K., I am sorry to hear that. Equitable distribution means that all community property will be divided equally. But most of all, I want you to know that things will be better. Don't take it to heart. He just doesn't realize what he has lost right now. Go on and live. You lived before him and you will definitely live afterwards. Take care, my sister.

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L.

answers from Charlotte on

I don't know where you live and the laws are different in every state. However, "equitable distribution" means that the courts will look at how long you were married and who contributed what to the marriage - ie. how much each of you worked and how much you earned that helped purchase the assets. Also, if some thing were given to you, who gave them to you and if they gave it specifically to the husband or the wife (or if they were from the wife's family/friends or the husband's). Even if you were a stay-at-home mom and didn't have a formal "job", they will consider that you contributed to getting the assets - providing child care, housekeeping, etc. and assign a value to that. This is just for splitting up the assets. Child support is a separate issue. I hope things work out for you. Is there a local church you can go to that can help you out through this, or do you have family nearby? A good "support system" is crucial for you and your children during this time. God bless.

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K.G.

answers from Raleigh on

K.,

Divorce from Bed & Board means different things in different states. In my state, it's a means to force one of the parties from the home. Equitable Distribution means fair, not equal distribution and the court (or a mediator helps the two of you) decides whats fair. You need to seek legal counsel.
I will keep you in my thoughts during these rough times.

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P.D.

answers from Raleigh on

A divorce from bed and board is a legal separation agreement. If you do not agree to whatever terms set form in the document DO NOT SIGN IT!! If you can afford to, get your own legal representation and if not go online and look up the laws for your particular area. In most cases the terms of the divorce from bed and board are transferred to the divorce after the one year wait requirement so be extra careful in what you agree to.

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M.E.

answers from Lexington on

i think it means when the two of you split you have to split the equity of your home and all your shared assets. my dad had to do that when he got divirced fro his 2nd wife. he had to sell his home back to the bank and refinance it and then split the profits with his ex-wife.

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