N.C.P.I.—Civil 815.50

The (state number) issue reads:

"Did the defendant willfully and without provocation abandon the

plaintiff (and his family)?"

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, two

things:

First, that the defendant willfully2 abandoned the plaintiff (and his

family). One spouse willfully abandons the other when he purposely and

deliberately brings their cohabitation to an end without the intent3 to

renew it and without the consent of the other spouse.4 (One spouse may

abandon the other without physically leaving the home.5 For example, if

one spouse treats the other with such cruelty6 or neglect7 or withholds

support8 so that the other spouse is forced to leave or flee the home,

then the offending spouse is deemed to have abandoned the other.)9

And Second, that the plaintiff did not engage in conduct which

provoked the defendant to abandon the plaintiff (and his family).10 What

constitutes provocation depends on the facts and circumstances of each

case. Ordinarily, provocation does not exist unless the conduct of the

plaintiff has been such as would likely render it impossible for the

defendant to continue the marital relationship with safety, health and

self-respect.11

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the defendant willfully and without provocation abandoned the plaintiff

(and his family), then it would be your duty to answer this issue "Yes" in

favor of the plaintiff.

If, on the other hand, you fail to so find, it would be your duty to

answer this issue "No" in favor of the defendant.