DUSENBERRY v. DUSENBERRY

No. 8415DC636.

326 S.E.2d 65 (1985)

G. Reid DUSENBERRY, III v. Sue Brown DUSENBERRY (now Fowler).

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

Holt, Spencer & Longest by James C. Spencer, Jr., Burlington and Hunter, Wharton & Howell by John V. Hunter, III, Raleigh, for plaintiff-appellee.

Boyce, Mitchell, Burns & Smith, P.A. by Carole S. Gailor, Raleigh, for defendant-appellant.


WHICHARD, Judge.

This is an equitable distribution action pursuant to G.S. 50-20, 21, in which the court concluded as a matter of law that an equal division of the marital property was not equitable. It did so based in part upon findings that defendant-wife "began having an adulterous affair ... and began neglecting the plaintiff and their three minor children" and that this conduct "was a major reason for the break-up of this marriage... and ... was the only serious...

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