Moody v. Moody

The question for decision is whether or not the complaint states a cause of action for absolute divorce.

According to the fundamental law of this State “The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case.” Constitution of North Carolina, Art. II, s. 10.

By reason of the constitutional provision, “divorce is purely statutory, and is under no obligation to the ecclesiastical or common law.” Byers v. Byers, 222 N.C. 298, 303, 22 S.E. 2d 902. “The statute gives and the…