Boone v. Boone

VAUGHN, Judge.

Plaintiff started this action on 30 August 1978 seeking divorce from defendant on the ground of one year’s separation. On 31 October 1978, after obtaining an order extending time to answer, defendant answered and pled as an affirmative defense and bar to plaintiff’s claim for absolute divorce that plaintiff had willfully and wrongfully abandoned defendant on 8 July 1977. Plaintiff’s motion to strike this affirmative defense pursuant to Rule 12(f) of the North Carolina Rules of Civil Procedure was granted. Defendant appeals the trial court’s granting of this motion.

The wrongful…