“My spouse won’t let me move out , what do you take?” This is probably one of the most challenging often asked queries I receive from divorce clients. This question is particularly difficult to answer if there children involved. Legally that is when there are no any acts that constitute violence in the home or any other reasons of divorce for bed and board it is not possible for the court can do to prevent either of you or your spouse to leave the marital home.

When you are deciding whether or your spouse ought to move to another location, you must consider a variety of things to consider: Who is the name of that home of marriage, the one you live in, your spouse’s, or joint? Who is the primary person accountable to pay the loan on marital property? What are your desires to retain the marital home in the settlement of property? You are the only one who is seeking divorce or does your spouse also want divorce? If children are involved Do the spouse and you gotten to a schedule for custody after you divorce?

related: Read our Ultimate Guide to Legal Separation in NC

Each of these aspects need to be carefully thought through and discussed with a divorce lawyer prior to you make the choice to leave of your marital home.

If however, you’ve determined that it’s your spouse’s turn to leave What do you do when they don’t want to go? The most effective option is to begin negotiating a deal with your spouse and then let them know that once the agreement is reached and they agree to are expected to leave the marital home. It may appear like something that is difficult, but it’s not. I’ve witnessed a lot of resistant spouses.

A few spouses, even confronted with the idea of their relationship being ending and their spouse is looking to leave, are unable to take the step. Maybe they aren’t coming to terms with the fact that their marriage is ending. Maybe they aren’t able to leave. Maybe they want to get an advantage over you in settlement negotiations. In this instance you need to look carefully at your alternatives to legal remedies and you might need to hire an attorney to assist you.

If you live in North Carolina, a divorce from bed and board is a possibility to petition the courts to order you to break up with your spouse. Do not confuse it with the absolute divorce . when a judge grants an order to divorce you for bed as well as board you’re legally divorced. Instead, you will be legally divorced from your spouse, and one of you could be required to leave the home of your marriage.

If you want to get divorce, which is a separation from the bed and breakfast you have to demonstrate that your spouse’s behavior has been the one at “fault”. That means you have to declare one of the following “grounds” to allow the court to award the divorce from bed and board: 1)) abandonment;) recklessly stepping out of the house; 3) brutal or cruel treatment that puts one’s own life 4.) insults that make the spouse’s situation unbearable or make life difficult for them five) excessive alcohol or drug usage; or six) adultery. The extent to which your spouse has been involved in conduct that gives you enough grounds to get divorced out of the bed is dependent on the specific circumstances. I suggest that my clients keep a log of specific dates when they and their spouses did something that have made their lives burdensome or unaffordable, so they are able to begin making an argument against their spouse in the event that it is necessary to file a divorce petition from beds and boards.

If you are filing the divorce from the bed and board, you may ask the court to make a decision on various other matters that could arise, such as post-separation maintenance and child custody, alimony as well as child care. (Please keep in mind that you can’t submit an equitable distribution claim until your spouse and you have been physically divorced).

A note of caution It can take quite a while to have a hearing before the judge regarding your claim to divorce from the bed and board. Each county is unique and you should speak with an attorney who specializes in family law in the county you reside in to determine the length of time it will be to appear before the judge in your area. The longer it takes to be heard in front of a judge, the sooner you’ll need to initiate negotiations for settlement and possibly legal process.