Q: I have a 50B no contact on my wife. After I told her I was separating because the relationship is toxic.
In my case I want to file for bed and board divorce and I’m moving our before the 10 days on the 50b. What if she files the bed and board before me? Or what if we both file at the same time?
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- North Carolina
- (910) 333-9679
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A: First, you'd need an attorney to file a divorce from bed & board (which BTW despite the name is not an actual divorce) - that isn't something you or your spouse could do yourselves. Second, there's no way it'd be ready or even needed if you are moving out in the time frame you say you are. Likewise, for your spouse, there's no way it would be ready or heard before you move out. So again a completely unnecessary waste of time and money action. Just do your year of separation and file for divorce when eligible. If you think she'd be agreeable, likely the only thing you even need to consider doing at this point is a formal written separation & property settlement agreement IF it is needed and IF she is agreeable to signing it.
A: The question itself doesn't make sense from a legal, procedural standpoint. Divorce from B&B and 50B are two very different things. I would suggest strongly that you get legal advice in person. Just call someone in your jurisdiction and set up a consultation.
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