There are two types of divorce recognized in our jurisdiction namely absolute divorce and divorce by bed and board. Only a few numbers of people know about this. Most of the time, divorcing couples mistake one from the other. In this article, the focus will be about the second type.
What Is Divorce From Bed And Board?
It is a type of divorce, which is a fault-based legal action. Unlike absolute divorce, it does not completely sever the marital ties between the couples. When a party prays for this type of divorce, the court will only issue a decree of legal separation. As an effect, the marriage is not completely dissolved. Therefore, both the parties are not legally allowed to contract a new marriage.
While it does not dissolve the marriage, the parties are completely separated from each other. The court, through a divorce decree, will order their respective rights and obligations. In most cases, this type of divorce is not really necessary when the parties have entered into a valid and binding separation agreement. In such case, the said contract will be the law between them.
Who Can File For This Kind of Divorce?
The injured party has the right to file an action for divorce from bed and board in a court with proper jurisdiction. There is a need for the complaining spouse to sufficiently show to the court the existence of one of the six grounds provided under the law; to wit:
• Abandonment of the husband or wife of the family;
• Maliciously turning the offended or complaining spouse out of doors;
• Treating the offended or complaining spouse in a cruel or barbarous way to the point that it endangers his or her life;
• Indignities that render the offended or complaining spouse’s condition intolerable or life overly burdensome;
• Excessive drug or alcohol use that makes the offended or complaining spouse’s condition intolerable or life overly burdensome;
• Adultery committed by one of the spouses.
Do You Need A Lawyer?
There is a need to have a representative in all the trials and hearings that the court may hold in connection to the action for divorce from bed and board. Therefore, it is necessary to hire the services of Waukesha law offices to guarantee proper representation. The assistance of a divorce attorney can help a particular party to convince the court why the issuance of a decree for legal separation is warranted.