CABE v. CABE

No. 7322DC514.

201 S.E.2d 203 (1973)

20 N.C. App. 273

Lee Roy CABE v. Johnnie Lou CABE.

Court of Appeals of North Carolina.

December 19, 1973.


Attorney(s) appearing for the Case

Wilson & Biesecker by Joe E. Biesecker, Lexington, for plaintiff-appellant.

Klass & Beeker by Ned A. Beeker, Lexington, for defendant-appellee.


BROCK, Chief Judge.

G.S. § 50-16.3 establishes the requirements for an award of alimony pendente lite. In the first place the applicant must be a dependent spouse. Once it is established that the applicant is a dependent spouse it must appear that such spouse: (1) prima facie, is entitled to the relief demanded in the action (i. e., absolute divorce, divorce from bed and board, annulment, or alimony without divorce); and (2) does not have sufficient means whereon...

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