NC General Statutes
N.C. Gen. Stat. § 52-10.2 (2026)
Resumption of marital relations defined
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"Resumption of marital relations" shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. Isolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations. (1987, c. 664, s. 1.)
Notes of Decisions
Cited in 10
cases, 1988–2018 · leading case: Fletcher v. Fletcher, 474 S.E.2d 802 (N.C. Ct. App. 1996).
Fletcher v. Fletcher, 474 S.E.2d 802 (N.C. Ct. App. 1996). “N.C. Gen.Stat. § 52-10.2 (1991), enacted 1 October 1987, sets out the test by which conduct between separated spouses is measured in order to determine if reconciliation has been effected: "Resumption of marital relations" shall be defined as voluntary renewal of the husband and…”
Schultz v. Schultz, 420 S.E.2d 186 (N.C. Ct. App. 1992). “Based on this finding of fact, the trial judge concluded that “[b]ecause there was no mutual intent to effect a permanent reconciliation, the parties did not reconcile in June of 1990, and are not reconciled at the present time.”
Oakley v. Oakley, 599 S.E.2d 925 (N.C. Ct. App. 2004). “” N.C. Gen. Stat. § 52-10.2 (2003). The cases that apply this statute address whether married couples have reconciled and resumed cohabitation by looking at the particular circumstances that evidence a husband and wife relationship.”
Higgins v. Higgins, 364 S.E.2d 426 (N.C. 1988). “Larry Higgins' attorney could have told him the meaning of the words at the time the agreement was signed. A party to a contract should not be allowed to say he gave a different meaning to words which are not ambiguous.”
Johnson v. Johnson, 817 S.E.2d 466 (N.C. Ct. App. 2018). “" N.C. Gen. Stat. § 52-10.2 (2017) (emphasis added).”
Casella v. Alden, 682 S.E.2d 455 (N.C. Ct. App. 2009). “N.C. Gen. Stat. § 52-10.2 (2007) sets out the standard for determining whether separated spouses have reconciled: “ ‘Resumption of marital relations’ shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances.”
Bird v. Bird, 688 S.E.2d 420 (N.C. 2010). “Isolated instances of sexual intercourse . . . shall not constitute resumption of marital relations.”
In Re the Est. of Archibald, 644 S.E.2d 264 (N.C. Ct. App. 2007). “Thus, the clerk and trial court were presented with two issues: (1) did decedent and appellee reconcile and resume marital relations; and (2) if so, was the provision waiving inheritance rights executory at the time of reconciliation? Under N.C. Gen. Stat. § 52-10.2 (2005), “…”
Smith v. Smith, 564 S.E.2d 591 (N.C. Ct. App. 2002). “Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation…”
Moser v. Moser, 385 S.E.2d 160 (N.C. Ct. App. 1989). “Nor is plaintiff’s position aided by G.S. 52-10.2, which declares that “[ijsolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations,” as that enactment became effective 1 October 1987, more than two years after the…”
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