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HARPER v. HARPER

No. 8010DC479.

273 S.E.2d 731 (1981)

Joan G. HARPER, v. Charles W. HARPER.

Court of Appeals of North Carolina.

January 20, 1981.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by J. Harold Tharrington and Carlyn G. Poole, Raleigh, for plaintiff-appellee.

Harrell & Titus by Richard C. Titus and Bernard A. Harrell, Raleigh, for defendant-appellant.

VAUGHN, Judge.

Defendant's motion to dismiss should have been allowed because the complaint fails to state a claim upon which relief can be granted. The complaint appears to attempt to assert, and the court allowed, what appears to be for most practical purposes, a "no fault" divorce from bed and board. Such an action does not lie in this State.

Where, as here, husband and wife are living together, the children...

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