NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 771

SENATE BILL 884

AN ACT TO AMEND G.S. 50-5(6) SO AS TO DEFINE THE WORDS "SEPARATE AND APART" AND "COHABITATION".

The General Assembly of North Carolina enacts:

Section 1.  G.S. 50-5(6) as the same appears in the 1974 Cumulative Supplement to Volume 2A of the General Statutes is amended by adding the following language immediately after the language "Provided," and immediately preceding the words "the evidence" where they appear in line 5 of subsection 6:

"if the insane spouse has been released on a trial basis to the custody of his or her respective spouse such shall not be considered as terminating the status of living 'separate and apart' nor shall it be considered as constituting 'cohabitation' for the purpose of this statute nor shall it prevent the granting of a divorce as provided by this statute. Provided further,".

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.