Scott v. Scott

PARKER, Justice.

In this action for divorce, defendant contends the Court of Appeals erred in affirming the trial court’s entry of judgment of divorce based on one year’s separation pursuant to N.C.G.S. § 50-6. We disagree and affirm the decision of the Court of Appeals.

Plaintiff filed this action for divorce from defendant based on one year’s separation. In response, defendant counterclaimed for alimony and equitable distribution, moved to dismiss on the grounds that N.C.G.S. § 50-6 was inapplicable because she suffered from incurable mental illness, and asserted N.C.G.S. § 50-5.1 as an…