Short answer: An absolute divorce ends a North Carolina marriage. It is no-fault and requires that the spouses have lived separate and apart for one year, with one spouse living in North Carolina for six months (G.S. 50-6). A divorce from bed and board does not end the marriage. It is a fault-based, court-ordered separation that requires proof of one of six grounds in G.S. 50-7, such as abandonment or adultery. You still need an absolute divorce afterward to remarry.
Side-by-side comparison
| Absolute divorce | Divorce from bed and board | |
|---|---|---|
| What it does | Ends the marriage; either spouse may remarry (G.S. 50-11(a)) | Court-ordered separation; the marriage continues |
| Fault required? | No. North Carolina absolute divorce is no-fault | Yes. One of six grounds in G.S. 50-7 |
| Waiting period | One year living separate and apart | No minimum separation period |
| Residency | One spouse has lived in NC six months before filing | Same six-month rule: one spouse has lived in NC six months before filing (G.S. 50-8) |
| Contested? | Usually uncontested if the one-year and residency facts are clear | Usually contested, since fault must be proven |
| Can remarry after? | Yes | No |
| Related claims | Property and support claims must be filed before judgment | Can be paired with postseparation support, alimony, and property claims |
The six grounds for divorce from bed and board
Under G.S. 50-7, the court may grant a divorce from bed and board to the injured spouse if the other spouse:
- Abandons his or her family.
- Maliciously turns the other out of doors.
- By cruel or barbarous treatment endangers the life of the other. The court may also grant remedies under Chapter 50B, the domestic violence statute.
- Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
- Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome.
- Commits adultery.
These grounds overlap with the forms of marital misconduct defined in G.S. 50-16.1A, which a judge considers in deciding alimony. That is one reason the bed and board claim is sometimes filed alongside an alimony claim.
Why someone might file for divorce from bed and board
- To get a court-ordered separation when there is serious fault, such as adultery or drug abuse. The NC Judicial Branch describes a DBB this way on its separation and divorce help page.
- To ask the court to resolve property division and postseparation support through the same case, which the Judicial Branch notes is possible. Spouses separated by a DBB order can also settle issues with a separation agreement.
- When a spouse wants a formal, court-ordered separation without ending the marriage.
After a bed and board judgment, you still need to wait one year from separation and file for absolute divorce to end the marriage. The Judicial Branch states this directly.
What absolute divorce does and does not resolve
An absolute divorce judgment ends the marriage. It does not, by itself, divide property, set custody, or award support. Those are separate claims, and timing matters:
- Equitable distribution. Under G.S. 50-11(e), an absolute divorce destroys the right to equitable distribution unless the claim is asserted before the judgment, with narrow exceptions for service by publication.
- Alimony and postseparation support. Under G.S. 50-11(c) and G.S. 50-6, claims pending when the divorce is granted survive. Postseparation support ends at absolute divorce if no alimony claim is pending (G.S. 50-16.1A(4)).
- Custody and child support. These can be decided before or after the divorce and remain modifiable.
Other routes exist but are rare, including divorce based on incurable insanity after three years apart under G.S. 50-5.1 and annulment. See annulment vs. divorce in North Carolina.
Practical steps
- Write down your date of separation and keep proof of it. See why the date of separation matters.
- Decide early whether you need property, alimony, or postseparation support claims, and file them before any divorce judgment is entered.
- If you are considering bed and board, gather evidence of the fault ground. It must be proven.
- Consider a separation agreement if you and your spouse can agree on terms. See how separation agreements work.
Frequently asked questions
Is divorce from bed and board the same as a legal separation in NC?
It is the closest thing North Carolina has to a court-ordered legal separation. A judge orders the spouses to live apart based on a fault ground listed in G.S. 50-7. It does not end the marriage, and neither spouse can remarry. North Carolina does not require any court order to be separated.
Can I get divorced faster in North Carolina if my spouse cheated?
No. The NC Judicial Branch explains that North Carolina allows only no-fault absolute divorce, which requires at least one year of separation under G.S. 50-6. Adultery is a ground for divorce from bed and board and can matter for alimony, but it does not shorten the one-year wait for an absolute divorce.
Do I need a divorce from bed and board before I file for absolute divorce?
No. Most North Carolina couples never file for divorce from bed and board. You can file for absolute divorce once you and your spouse have lived separate and apart for one year and either of you has lived in North Carolina for six months. Bed and board is an optional, fault-based case.
What happens to property and alimony claims when the absolute divorce is granted?
Under G.S. 50-11(e), an absolute divorce ends the right to equitable distribution unless that claim was filed before the divorce judgment, with narrow exceptions. Alimony and postseparation support claims that are pending when the divorce is granted survive under G.S. 50-11(c). File those claims before the divorce is entered.
Can a divorce from bed and board order my spouse out of the house?
A divorce from bed and board is a court-ordered separation, so the judgment separates the spouses. If there is cruel or barbarous treatment, G.S. 50-7 lets the court also grant domestic violence remedies under Chapter 50B, and a Chapter 50B protective order may grant a party possession of the residence and exclude the other party from it (G.S. 50B-3(a)(2)).
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.