North Carolina One Year Separation Divorce Incurable Mental Illness Lawyers Attorneys

WILLIAM C. SCOTT, SR. v. JANE MAYO SCOTT

SUPREME COURT OF NORTH CAROLINA

March 17, 1993, Heard in the Supreme Court

May 6, 1994, Filed

Plaintiff filed this action for divorce from defendant based on one year's separation. In response, defendant counterclaimed for alimony and equitable distribution, moved to dismiss on the grounds that N.C.G.S. 50-6 was inapplicable because she suffered from incurable mental illness, and asserted N.C.G.S. 50-5.1 as an affirmative defense. The defendant contended that the husband was not entitled to an absolute divorce pursuant to 50-6, but was required to proceed under 50-5.1. Section 50-5.1 was the exclusive means by which one could divorce a spouse suffering from incurable mental illness. The trial Court granted the divorce based on one year's separation pursuant to N.C. Gen. Stat. 50-6 (1987). Defendant appealed. The Court of appeal affirmed the trial court order. Now the Defendant wife sought review after the Court of Appeals North Carolina, which affirmed the judgment of divorce granted by the trial court based on one year's separation pursuant to N.C. Gen. Stat. 50-6 (1987).

Issue:

Whether the Court of Appeals erred in affirming the trial court's entry of judgment of divorce based on one year's separation pursuant to N.C.G.S. 50-6?

Whether the trial court erred in placing the burden of proof on the defendant to show incurable insanity?

In light of the evidence in the record, we conclude the Court of Appeals did not err in affirming the trial court's denial of defendant's motion to dismiss for the following reasons. First, defendant's expert testimony does not satisfy the requirements of the statute. As per the statutes requirement, out of three only one of defendant's medical experts associated with a four-year medical school made any determination of defendant's condition three years prior to the institution of the action for divorce, and defendant has thus not met the procedural requirements set forth in N.C.G.S. 50-5.1. In order to bar an action for divorce based on one year's separation, defendant bears the burden of persuasion that he or she is incurably insane within the meaning and purpose of N.C.G.S. 50-5.1. More the defendant has continually suffered from incurable mental illness but a majority of the time, her mental illness has been controllable with medication and the defendant has been able to function in normal daily situations such as maintaining a household, paying bills and handling financial matters, hosting social functions, shopping, maintaining her driver's license and operating a motor vehicle. The defendant has never been involuntarily committed nor adjudicated incompetent or incurably insane. Notwithstanding defendant's assertions that the evidence relevant to her incurable insanity is undisputed, the record discloses substantial conflicting evidence to support the trial court's finding. Admittedly, the evidence that defendant suffers from an incurable mental illness is undisputed, but the evidence that the condition is treatable and controllable with medication is also undisputed. In making its findings, the trial court was entitled to consider both expert and non-expert testimony. Finally, the Court of Appeals did not err by applying an overly restrictive definition of incurable insanity.

2) Whether the trial court erred in placing the burden of proof on the defendant to show incurable insanity?

The Court states that "All persons are presumed to be of sound mind until the contrary is shown. Insanity is an affirmative defense. Accordingly, we hold that to bar an action for divorce based on one year's separation, the defendant bears the burden of persuasion that he or she is incurably insane within the meaning and purpose of N.C.G.S. 50-5.1.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

North Carolina One Year Separation Divorce Incurable Mental Illness Lawyers Attorneys

By: Atchuthan Sriskandarajah

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