What Fault Grounds Can Be Used To File For Bed And Board Divorce?

There are two types of divorces recognized under our jurisdiction. The first one is called absolute divorce, which results to the complete dissolution of the marriage. The second one is a divorce from bed and board, which amounts to legal separation but the marital contract between the spouses subsist.

Fault-based Action

In order for an action for divorce from bed and board to commence, it is important that the party filing the case must have a valid cause of action that must be composed of one of the faults provided under the law. Being a fault-based action, it can only be instituted when the other spouse has injured the filing party. Usually, the purpose for this type of divorce is to send out the offending party out from the conjugal dwelling, family home or common residence of the family. When it comes to filing the second type of divorce, the petition must be verified and there must be an allegation of residency.

What Are The Grounds?

Under the law, there are only six recognized grounds wherein an injured spouse may institute a complaint for divorce from bed and board[1]; to wit:
• Abandonment of an individual of his or her spouse.
• Malicious turning out of doors of the husband or wife.
• Cruel or barbarous treatment committed by a spouse.
• Indignities by any of the spouses.
• Excessive use of alcohol or drugs rendering the condition of the other spouse intolerable.
• Adultery committed by the husband or wife.

What Must Be Done?

When it comes to filing the above-mentioned action, the plaintiff or petitioner must specifically allege that he or she did not commit any acts that would constitute as a provocation for the misconduct of the other party. Moreover, the existence of any of the faults enumerated above must be sufficiently shown and proven by the filing party. He or she must be able to present credible and reliable evidence that will convince the judge that the issuance of a divorce decree or legal separation order is proper.

All this can be done with the assistance and help of your local attorneys. To ensure that there will be compliance of the remedial laws, it is imperative that you get in touch with an efficient and effective lawyer who will handle your case. The said attorney will not only be responsible in filing the proper pleadings in court but also ensuring that you are placed in a more advantage position compared to the other party.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!

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