2005 North Carolina Code - General Statutes § 50-22. Action on behalf of an incompetent.

§ 50‑22.  Action on behalf of an incompetent.

A general guardian for an incompetent spouse may commence, defend or maintain any action authorized by this Chapter; however, the court shall not enter a decree of absolute divorce in such an action filed by the guardian on behalf of the incompetent spouse.  As an exception to G.S. 50‑21, the court may order equitable distribution on behalf of an incompetent spouse without entering a decree of divorce after the parties have lived separate and apart for a period of one year.  Provided, however, that the competent spouse may seek and obtain a divorce from the incompetent spouse upon showing basis for the same. (1991, c. 610, s. 1.)