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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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in north carolina, divorce from bed and board can it be handled

Resolved Question:

in north carolina, divorce from bed and board: can it be handled without a lawyer and does the innocent party gain sole rights to home property after final decree is signed. in other words is guilty party refused any equity in house?
Submitted: 7 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 7 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Divorce from bed and board can be done without a lawyer, however, it will be easier if you have a lawyer to help you through it. For one thing, divorce from bed and board carries a right to a jury trial, and a jury trial can be tricky to handle without a lawyer. For another, this is a very emotional situation. A lawyer will know how to appeal to the jury without being overcome by emotion. These are things to think about.

You have to establish one of the following six grounds: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. You also have to show that you did not provoke the other spouse's misconduct.

The guilty spouse loses all right to possession of the marital property. However, he does not lose all equity in the house. He does lose any rights he may have had in the innocent spouse's separate property.
Customer: replied 7 years ago.
Guilty party is the wife(she)...have evidence of adultry....would equity not be considered marital property?
Expert:  Lucy, Esq. replied 7 years ago.
I apologize - when it's unclear, I use the default "he" to refer to a male or a female.

The equity in the home is part of the marital estate, but what the guilty spouse loses is the right to possession of the marital home - she can't live there. She doesn't automatically lose all rights to any portion of the value of the home.
Lucy, Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Relist: Incomplete answer.