Other North Carolina appellate cases dealing with homosexuality and child custody include Spence v. Durham, 283 N.C. 671, 198 S.E.2d 537 (1973); Newsome v. Newsome, 42 N.C. App. 416, 256 S.E.2d 849 (1979); and Woodruff v. Woodruff, 44 N.C. App. 350, 260 S.E.2d 775 (1979).]]>
Check out our section on child custody http://www.mcilveenfamilylaw.com/caseswehandle/child-custody-and-support/
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The complainant must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. The spouse seeking the divorce must also allege that he/she did not provoke the other spouse’s misconduct. The right to jury trial in an action for divorce from bed and board is governed by the statutory provision permitting a jury to make the factual findings on issues of fault. The spouse filing the complaint must prove the allegations by greater weight of the evidence.
The defenses to divorce from bed and board are the same as those for alimony.
The main reason a divorce from bed and board is filed is to get the offending spouse out of the house. A divorce from bed and board “suspends the effect of the marriage as to cohabitation, but does not dissolve the marriage bond.” The divorced spouse loses the rights enumerated in Section 31A-1(b) of the North Carolina General Statutes.]]>