What Is a Bed and Board Divorce?

A bed and board divorce, also known as a legal separation, is a legal process that allows married couples to live separately while remaining legally married. It is a form of divorce that is recognized in some jurisdictions, although not all states offer this option. In a bed and board divorce, the couple’s assets, debts, and child custody arrangements are determined, similar to a regular divorce. However, unlike a divorce, the couple remains married and cannot legally remarry until they convert the legal separation into a final divorce.

Bed and board divorces are often sought for various reasons, such as religious or cultural beliefs that discourage divorce, financial concerns, or the hope of reconciliation. It provides a middle ground between staying married and obtaining a final divorce, allowing couples to address their issues while having a legal framework in place.

Frequently Asked Questions (FAQs) about Bed and Board Divorce:

1. Is a bed and board divorce the same as a regular divorce?
No, a bed and board divorce is a legal separation where the couple remains married but lives separately, whereas a regular divorce dissolves the marriage.

2. Can I remarry after obtaining a bed and board divorce?
No, you cannot remarry until you convert the legal separation into a final divorce.

3. What issues are addressed in a bed and board divorce?
Similar to a regular divorce, a bed and board divorce addresses issues such as child custody, child support, spousal support, and property division.

4. Can I change my mind and convert the bed and board divorce into a regular divorce later?
Yes, you can convert the legal separation into a final divorce if you decide to end the marriage completely.

5. Does a bed and board divorce protect my assets and debts?
Yes, a bed and board divorce typically involves dividing assets and debts between the spouses, similar to a regular divorce.

6. Can I seek child custody and visitation in a bed and board divorce?
Yes, child custody and visitation arrangements can be determined in a legal separation, just as in a regular divorce.

7. Do I need to have a legal separation agreement for a bed and board divorce?
Yes, it is essential to have a legally binding agreement that outlines the terms of the separation, including child custody, support, and division of assets.

8. Can I still receive spousal support in a bed and board divorce?
Yes, spousal support can be awarded in a legal separation, similar to a regular divorce, depending on the circumstances and the laws in your jurisdiction.

9. How long does a bed and board divorce last?
The duration of a bed and board divorce varies depending on the jurisdiction and the specific circumstances of the case. Some states require a waiting period before converting the legal separation into a final divorce.

In conclusion, a bed and board divorce is a legal separation that allows couples to live apart while remaining married. It provides an option for couples who wish to address their issues without obtaining a final divorce. However, it is crucial to consult with a family law attorney to understand the laws and requirements in your jurisdiction before pursuing a bed and board divorce.