Romulus v. Romulus

715 S.E.2d 308 (2011)

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Romulus v. Romulus

North Carolina Court of Appeals
715 S.E.2d 308 (2011)

Facts

Rebecca Romulus (plaintiff) and John Romulus (defendant) married in 1988, had children, and separated in July 2006. Rebecca filed for divorce in April 2007. At trial, the court found that in 1999, before Rebecca and John separated, Rebecca allowed her paramour to penetrate her vagina with his penis or finger. Rebecca’s paramour testified that on one occasion, he and Rebecca would have had sexual intercourse had he maintained an erection, but instead they touched each other’s genitals. John was unaware of Rebecca’s extramarital sexual activities before the divorce litigation and therefore did not condone those activities. John’s marital misconduct included excessive, compulsive viewing of pornography and repeated physical and verbal abuse of Rebecca and the children. John broke Rebecca’s arm on one occasion, and on another occasion he choked one of their children until the child was unconscious. The trial court found that Rebecca had engaged in illicit sexual behavior with her paramour before her separation from John, though it was unclear whether the trial court found that Rebecca and her paramour engaged in sexual intercourse. For that reason, the trial court did not order John to pay alimony to Rebecca. Rebecca appealed.

Rule of Law

Issue

Holding and Reasoning (Stroud, J.)

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