Camp v. Camp

WHICHARD, Judge.

The issue is whether as a matter of law defendant’s return to the marital home for a ten-day period constituted a resumption of marital cohabitation which invalidated the parties’ separation agreement and barred divorce on the grounds of living separate and apart for one year, G.S. 50-6. We hold that it did not, and we thus affirm.

Plaintiff and defendant were married on 14 April 1960. They separated on 17 January 1983 and signed a separation agreement dated 28 February 1983. The separation agreement purported to resolve all issues regarding marital property, spousal support,…