Bateman v. Bateman

The plaintiff’s suit was under G.S. 50-16 and her prayer for relief was for reimbursement for necessary expenses incurred while she was living with the defendant as his wife, and for present subsistence and counsel fees. The statute provides two separate remedies, one for alimony without divorce, and second for subsistence and counsel fees. Oldham v. Oldham, 225 N.C. 476, 35 S.E. 2d 332; McFetters v. McFetters, 219 N.C. 731, 14 S.E. 2d 833. As grounds for relief under this statute the wife must allege and prove that the husband has been guilty of misconduct or acts that would constitute cause…