When the marriage is no longer working, the spouses have two options – either to work things out or get a divorce. Those who choose the first will require the services of a good marriage counselor who will inspire the husband and wife to do everything in order to save the marriage. If the couple chooses the second option, either of them can file a petition for absolute divorce or divorce by bed and board.
Not everyone knows this but there are two types of divorce. Under our law, absolute divorce refers to an action where one spouse seeks for the dissolution of the marital contract that he or she has entered with the other party. At the end of the proceedings, the judge will order that the marriage between them has already been extinguished. Hence, the parties now acquire the right to enter into another marriage contract. On the other hand, divorce by bed and board is only legal separation. There will only be a hearing for the separation of the properties of the spouses. However, the marriage still subsists and it will not be declared as non-existent.
Pursuant to the state laws, only the injured party may file for the second type of divorce. The said husband or wife must have sufficient grounds for his or her petition to prosper. At the same time, the burden of proving the existence of the said grounds lies on the spouse praying for the divorce. The adverse party may also present evidence in his or her defense upon the request of the proper court.
Divorce by bed and board is the right action to file if you are seeking to have an exclusive possession of the marital home. Once it is found by the court that one of the grounds exists and that the other party is guilty thereof, it may order the offending spouse to move out of the house. It must be noted that in this type of divorce, there is merely a suspension of the effect of the marriage between the spouses. There is no dissolution of the marriage bond.
Before taking any legal step for divorce, contact a good family lawyer in Milwaukee. Make sure that you can establish a sufficient ground to warrant the grant for divorce by bed and board. Moreover, prepare all the necessary testamentary, object and documentary evidence to support your claim. An effective and efficient lawyer can help you with this matter.