Foster v. Foster

Court of Appeals of North Carolina

Foster v. Foster

214 S.E.2d 264, 25 N.C. App. 676, 1975 N.C. App. LEXIS 2368

CourtCourt of Appeals of North Carolina

DecidedMay 7, 1975

DocketNo. 751DC176

StatusPublished

Cited by1 cases

This text of 214 S.E.2d 264 (Foster v. Foster) 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

Foster v. Foster, 214 S.E.2d 264, 25 N.C. App. 676, 1975 N.C. App. LEXIS 2368 (N.C. Ct. App. 1975).

Pincite

Opinion

VAUGHN, Judge.

Plaintiff seeks alimony, alimony pendente lite and counsel fees. Defendant pleaded his spouse’s adultery in bar of her right to recover. The order from which defendant appeals contains no finding on the issue.

When adultery is pleaded in bar of a demand for alimony or alimony pendente lite, an award will not be sustained in the absence of a finding of fact on the issue of adultery in favor of the party seeking the award. Austin v. Austin, 12 N.C. App. 286, 183 S.E. 2d 420. The court also failed to find facts to support the award of counsel fees. The judgment is vacated and remanded.

Vacated and remanded.

Judges Britt and Parker concur.

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