Legal Opinion
Bruce v. Bruce
Court of Appeals of North Carolina
Decided March 4, 1986No. 8510DC841PublishedCited by 5 opinions
1Opinion of the Court
EAGLES, Judge.
The sole issue on appeal is whether the ten year statute of limitations, G.S. 1-56, applies in an action for absolute divorce under G.S. 50-6. The defendant contends that it does and therefore bars both the claim for absolute divorce and the claim for equitable distribution. We disagree.
Chapter 50 of our General Statutes governing divorce and alimony does not provide for a statute of limitations in an action for absolute divorce based on one year’s separation. Nor is there a provision in the statutes of limitation, G.S. 1-14 through 1-56, expressly applicable to divorce actions.…
2Cases cited21 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Fulp v. FulpSupreme Court of North Carolina · 1965
- Kittle v. KittleWest Virginia Supreme Court · 1920
- Ritchie v. . WhiteSupreme Court of North Carolina · 1945
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3Cited by5 opinions
- In re A.C.F.Court of Appeals of North Carolina · 2006
- Covington v. WalkerNew York Court of Appeals · 2004
- Carlisle v. CSX Transportation, Inc.Court of Appeals of North Carolina · 2008
- Daniel v. DanielCourt of Appeals of North Carolina · 1999
- Vann v. VannCourt of Appeals of North Carolina · 1998