Beck v. Beck

Court of Appeals of North Carolina

Beck v. Beck

187 S.E.2d 355, 14 N.C. App. 163, 1972 N.C. App. LEXIS 2069

CourtCourt of Appeals of North Carolina

DecidedMarch 29, 1972

Docket7222DC22

StatusPublished

Cited by3 cases

This text of 187 S.E.2d 355 (Beck v. Beck) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beck v. Beck, 187 S.E.2d 355, 14 N.C. App. 163, 1972 N.C. App. LEXIS 2069 (N.C. Ct. App. 1972).

Pincite

Opinion

GRAHAM, Judge.

Defendant contends that in order to be entitled to a divorce a plaintiff must show that a marital separation for the statutory period was by mutual agreement or under a decree of court. This was true prior to 1937. In that year the divorce statute was amended so as to remove this requirement. Byers v. Byers, 222 N.C. 298, 22 S.E. 2d 902. During the past 35 years a husband and wife have been deemed to live separate and apart within the meaning of the divorce statute when: (1) they live separate and apart physically for an uninterrupted period of time at least as long as the time required by the divorce statute; and (2) their physical separation is accom *165 panied by at least an intention on the part of one of them to cease their matrimonial cohabitation. See Richardson v. Richardson, 257 N.C. 705, 127 S.E. 2d 525; Mallard v. Mallard, 234 N.C. 654, 68 S.E. 2d 247 and cases cited.

Affirmed.

Judges Campbell and Britt concur.

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GRAHAM, Judge.

Defendant contends that in order to be entitled to a divorce a plaintiff must show that a marital separation for the statutory period was by mutual agreement or under a decree of court. This was true prior to 1937. In that year the divorce statute was amended so as to remove this requirement. Byers v. Byers, 222 N.C. 298, 22 S.E. 2d 902. During the past 35 years a husband and wife have been deemed to live separate and apart within the meaning of the divorce statute when: (1) they live separate and apart physically for an uninterrupted period of time at least as long as the time required by the divorce statute; and (2) their physical separation is accom *165 panied by at least an intention on the part of one of them to cease their matrimonial cohabitation. See Richardson v. Richardson, 257 N.C. 705, 127 S.E. 2d 525; Mallard v. Mallard, 234 N.C. 654, 68 S.E. 2d 247 and cases cited.

Affirmed.

Judges Campbell and Britt concur.

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Bluebook (online)

187 S.E.2d 355, 14 N.C. App. 163, 1972 N.C. App. LEXIS 2069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-beck-ncctapp-1972.

Opinion

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