N.C.P.I.—Civil 815.72

The (state number) issue reads: Did the [plaintiff] [defendant],2

(state name of offending spouse), violate the condition[s] of the

condonation of his marital misconduct by the [plaintiff] [defendant]

(state name of offended spouse)?

You will answer this issue only if you have answered issue (state

number) “Yes” in favor of the [plaintiff] [defendant]. As I told you when

instructing on that issue, condonation means forgiveness, and I will use

the words condone and forgive, and condonation and forgiveness,

interchangeably while discussing this issue.

On this issue the burden of proof is on the [plaintiff] [defendant].

This means the [plaintiff] [defendant] must prove, by the greater weight

of the evidence, two things: first, that he forgave the [plaintiff]

[defendant] for his act[s] of marital misconduct, and second, that after

he did so, the [plaintiff] [defendant] committed [an additional act]

[additional acts] of marital misconduct or failed to treat his spouse in all

respects with marital kindness.

When a spouse forgives his spouse for marital misconduct, the law

provides that the forgiveness is conditional, regardless of whether or not

the forgiving spouse tells his spouse that it is conditional. The conditions

that are implied by law when a spouse forgives his spouse for marital

misconduct are (1) that the forgiven spouse will not repeat the marital

misconduct or engage in any other act of marital misconduct and (2) that

the forgiven spouse will treat his spouse in all respects with marital

kindness.3

The definition[s] and explanation[s] of [the different types of]

marital misconduct which I gave you in discussing Issue (state number)

apply equally to this issue, and I charge you to remember and use [that]

[those] definition[s] and explanation[s] in your deliberations on this

issue.

The requirement that the [plaintiff] [defendant] treat his spouse in

all respects with marital kindness does not require perfection of the

[plaintiff] [defendant].4 However, it does mean that if the [plaintiff]

[defendant] repeats the previous marital misconduct or commits other

serious acts, even of a different character or degree,5 then a condition of

the [plaintiff’s] [defendant’s] condonation of the previous misconduct has

been breached.

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

[defendant], (state name of offended spouse), has the burden of proof, if

you find by the greater weight of the evidence, that the [plaintiff]

[defendant], (state name of offending spouse), after he had been

forgiven for marital misconduct by the [plaintiff] [defendant], (state name

of aggrieved spouse), violated the condition[s] of his forgiveness [by

engaging in [an additional act] [additional acts] of marital misconduct]

[[or] by failing to treat the [plaintiff] [defendant] with marital kindness],

then it would be your duty to answer this issue “Yes” in favor of the

[plaintiff] [defendant].

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

to answer this issue “No” in favor of the [plaintiff] [defendant].