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SMITH v. SMITH

No. 668PA84.

331 S.E.2d 682 (1985)

James R. SMITH v. Barbara Wyite SMITH.

Supreme Court of North Carolina.

July 3, 1985.

Attorney(s) appearing for the Case

Moore, Diedrick, Whitaker and Carlisle by Joy Sykes and J. Edgar Moore, Rocky Mount, for plaintiff-appellant.

Evans & Lawrence by Antonia Lawrence and Robert A. Evans, Rocky Mount, for defendant-appellee.

MARTIN, Justice.

The primary issue in this case concerns whether marital fault or misconduct is a just and proper factor which may be found by a trial court under N.C.G.S. 50-20(c)(12) in determining an equitable division of marital property upon divorce. As we explain below, we hold that because it is consonant with the essential philosophy of equitable distribution, misconduct during the marriage which dissipates or reduces the value of marital assets for nonmarital...

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