Stoner v. Stoner

Summary

The North Carolina Court of Appeals affirmed the denial of a defendant's motion for relief under North Carolina Rule of Civil Procedure 60(b) from an absolute divorce judgment. The court held that the evidence supported the finding that the parties had been separated for more than one year, that alleged false swearing concerning the grounds for divorce did not render the decree void, and that the trial court did not abuse its discretion.

Holdings

1. The trial court's finding that the parties had been separated for at least one year before institution of the divorce action was supported by ample evidence.
2. A divorce decree regular on its face is not void when obtained through false pleading or evidence concerning the grounds for divorce; the decree is merely voidable and is immune from attack by either party to the divorce.
3. The trial court did not abuse its discretion in denying defendant's Rule 60(b) motion.

Questions Presented

1. Whether the evidence supported the finding that the parties had been separated for at least one year before the divorce action was filed.
2. Whether alleged false swearing concerning the grounds for divorce rendered the divorce decree void for lack of subject matter jurisdiction.
3. Whether defendant established fraud, misrepresentation, or misconduct warranting relief under Rule 60(b).
4. Whether the trial court abused its discretion in denying defendant's Rule 60(b) motion.
5. Whether the trial court's findings were supported by the evidence and its conclusions supported by the findings.

Disposition

affirmed