Most of the time parties separate on their own accord and a divorce from bed and board is not sought by either side.
All it takes is the intent of one of the spouses to separate and to cease living together.
In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce.
The other component of a separation is the intent of at least ONE party to be separated.
If the parties stop living together and each person maintains his or her own home, it is not necessary that both parties agree on or want the separation.
The primary ground for which divorces are granted in North Carolina is based on a separation of a year and a day.
The policy behind the year waiting period was to give spouses a chance to assess if they really did want to go through with the divorce.If a divorce from bed and board is granted, then you lose inheritance rights that one has solely by virtue of the marriage such as a right to intestate succession in the estate of a spouse or a year’s allowance to name a few.Oftentimes, the parties do nothing and divorce after a year or work out their issues via a separation agreement which addresses the issues that a divorce from bed and board would allege.Spouses are free to reconcile at any time after they separate.Reconciliation occurs when the spouses voluntarily renew the marital relationship.If you start dating the person immediately following a separation and suspicions were there, then of course this will cause your spouse and his or her attorney to dig further.