Heilman v. Heilman

HEDRICK, Judge.

Plaintiff in this action seeks an absolute divorce, pursuant to G.S. 50-6, on the ground of one year’s separation. Defendant may defeat the action only by affirmatively establishing that the separation was caused by plaintiff’s abandoning her. Overby v. Overby, 272 N.C. 636, 158 S.E. 2d 799 (1968) ; Pickens v. Pickens, 258 N.C. 84, 127 S.E. 2d 889 (1962). Abandonment, as an affirmative defense, is conduct by plaintiff such as would entitle defendant to a divorce from bed and board or alimony without divorce. Hicks v. Hicks, 275 N.C. 370, 167 S.E. 2d 761 (1969). In order to…