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SCOTT v. SCOTT

No. 9115DC258.

417 S.E.2d 818 (1992)

William C. SCOTT, Sr., Plaintiff, v. Jane Mayo SCOTT, Defendant.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler & Hauser by A. Doyle Early, Jr., High Point, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice by Susan D. Crooks, Carole S. Gailor and Susan S. McFarlane, Raleigh, for defendant-appellant.

JOHNSON, Judge.

Defendant first contends that the trial court erred in granting plaintiff a divorce based on a year's separation. N.C.Gen.Stat. § 50-6. Defendant argues that she suffers from an incurable mental illness and therefore the exclusive means by which plaintiff can obtain a divorce is pursuant to N.C.Gen.Stat. § 50-5.1, which requires a three year separation. Plaintiff contends that N.C.Gen.Stat. §...

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