Fletcher v. Fletcher

Court of Appeals of North Carolina

Fletcher v. Fletcher

408 S.E.2d 753, 104 N.C. App. 225, 1991 N.C. App. LEXIS 996

CourtCourt of Appeals of North Carolina

DecidedOctober 1, 1991

DocketNo. 9014DC1282

StatusPublished

This text of 408 S.E.2d 753 (Fletcher v. Fletcher) 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

Fletcher v. Fletcher, 408 S.E.2d 753, 104 N.C. App. 225, 1991 N.C. App. LEXIS 996 (N.C. Ct. App. 1991).

Pincite

Opinion

ARNOLD, Judge.

Defendant assigns error to the trial court’s exclusion of evidence relating to her health at the divorce hearing. The statutory requirements for divorce pursuant to N.C. Gen. Stat. § 50-6 (1987) are: (1) “the husband and wife have lived separate and apart for one year” and (2) the plaintiff or defendant “has resided in the State for a period of six months.” Defendant does not contest the trial court’s findings as to these requirements.

Defendant sought to introduce evidence of her health and her prospects for obtaining medical insurance following divorce. Such evidence, however, is not relevant to the trial court’s determination to grant or deny a divorce pursuant to G.S. § 50-6. N.C.R. Evid. 401. The trial court properly excluded this evidence.

Affirmed.

Chief Judge HEDRICK and Judge PHILLIPS concur.

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