Williamson v. Williamson

HILL, Judge.

Defendant first argues that the trial court erred in its findings of fact and conclusions of law by disregarding uncontrovert-ed evidence that the parties stayed overnight together on two consecutive nights thereby entitling defendant to the presumption that the parties engaged in sexual intercourse. We hold that defendant is entitled to no such presumption.

The “inclination and opportunity” concept allows a presumption of adulterous sexual intercourse if adulterous inclination and opportunity are shown. 1 Lee, North Carolina Family Law, sec. 65, p. 321-22. The rule applies only to…