NC · jury_instructions
N.C.P.I.—Civil 815.10
DIVORCE - ABSOLUTE - ISSUE KNOWLEDGE OF GROUNDS. (DELETE SHEET).
The prior instruction was based on the requirement of N.C. Gen.
Stat. § 50-8 that the facts on which the ground for absolute divorce was
based had existed for at least six months prior to the filing of the
complaint. This requirement does not apply to actions for divorce from
bed and board (N.C. Gen. Stat. § 50-7) or absolute divorce based on one
year's separation (N.C. Gen. Stat. § 50-6). With the repeal of N.C. Gen.
Stat. § 50-5 in 1983 (Session Laws 1983, c. 613), the only ground for
absolute divorce to which the "six month" requirement of N.C. Gen. Stat.
§ 50-8 would remain applicable is absolute divorce based on incurable
insanity. See N.C. Gen. Stat. § 50-5.1. Since, however, this ground
requires the spouse being divorced to have been incurably insane for
three consecutive years next preceding the institution of the action, the
"six months" requirement of N.C. Gen. Stat. § 50-8 has no practical
application. Since it is no longer relevant to any proceeding for which the
Committee has a pattern instruction, this instruction has been deleted.
History
N.C.P.I.—Civil 815.10 (January 1999). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e6a9b5271b2388ea8b7c3b97d24ac1d2a80ec8e8f95b04fdd649b53151df8191
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