Sawyer v. Sawyer

HILL, Judge.

Defendant contends on appeal that the trial judge erred in striking his affirmative defenses, in denying his motion for involuntary dismissal, and in granting to plaintiff an absolute divorce because these rulings require an unconstitutionally retroactive application of G.S. 50-6; to wit, the parties hereto were married before the amendment to G.S. 50-6 abolishing the defense of recrimination. In addition, defendant contends that this retroactive application of G.S. 50-6 divests him of vested property rights as a tenant by the entirety without due process of law. We do not agree.

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