Sorey v. Sorey
233 N.C. App. 682
N.C. Ct. App.2014Background
- Rodney and Melissa Sorey married in 1987, separated on August 27, 2011, and Rodney filed for absolute divorce in December 2012.
- Melissa moved out of the marital home around the date of separation, placing Rodney’s clothes on their son’s porch and later telling Rodney she had found someone else and did not want him.
- Rodney sought divorce and opposed Melissa’s counterclaim for post-separation support, alleging marital misconduct by Melissa (abandonment and illicit sexual behavior).
- The trial court held a hearing, found that Melissa committed marital misconduct (abandonment and illicit sexual behavior), and denied her request for post-separation support.
- Melissa appealed the denial; the Court of Appeals considered whether the trial court’s findings were supported by competent/substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying post-separation support based on abandonment | Rodney: trial court properly found Melissa abandoned the marital home and thus marital misconduct supporting denial | Melissa: the evidence did not support abandonment; she told Rodney she was moving and he consented; timing unclear | Affirmed — findings of abandonment and lack of consent supported by competent evidence, so denial stands |
Key Cases Cited
- Stephenson v. Stephenson, 55 N.C. App. 250 (discusses interlocutory nature of post-separation support orders)
- Rowe v. Rowe, 131 N.C. App. 409 (procedural context on substantial-rights effect of support orders)
- Mayer v. Mayer, 66 N.C. App. 522 (appealability where post-separation support denied)
- Oakley v. Oakley, 165 N.C. App. 859 (standard for reviewing post-separation support findings)
- Evans v. Evans, 169 N.C. App. 358 (marital misconduct may justify denial of post-separation support)
- Hanley v. Hanley, 128 N.C. App. 54 (definition and elements of abandonment)
- Goodson v. Goodson, 145 N.C. App. 356 (trial court credibility determinations and weighing evidence)
- In re Estate of Trogdon, 330 N.C. 143 (deference to trial court in drawing inferences from evidence)