North Carolina Statutes

Chapter 50 Divorce and Alimony

Article 1 - Divorce, Alimony, and Child Support, Generally.

Article 2 - Expedited Process for Child Support Cases.

Article 3 - Family Law Arbitration Act.

  • § 50-41   Purpose; short title
    (a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising from a marital separation...
  • § 50-42   Arbitration agreements made valid, irrevocable, and enforceable
    (a) During, or after marriage, parties may agree in writing to submit to arbitration any controversy, except for the divorce itself, arising out of the...
  • § 50-42.1   Nonwaivable provisions
    (a) Except as otherwise provided in subsections (b) and (c) of this section or in this Article, a party to an agreement to arbitrate or...
  • § 50-42.2   Notice
    (a) A person initiates an arbitration proceeding by giving written notice to the other parties to the agreement to arbitrate in the manner in which...
  • § 50-43   Proceedings to compel or stay arbitration
    (a) On a party's application showing an agreement under G.S. 50‑42 and an opposing party's refusal to arbitrate, the court shall order the parties to...
  • § 50-44   Interim relief and interim measures
    (a) In the case of an arbitration where arbitrators have not yet been appointed, or where the arbitrators are unavailable, a party may seek interim...
  • § 50-45   Appointment of arbitrators; rules for conducting the arbitration
    (a) Unless the parties otherwise agree in writing, a single arbitrator shall be chosen by the parties to arbitrate all matters in dispute. (b) If...
  • § 50-45.1   Disclosure by arbitrator
    (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to...
  • § 50-46   Majority action by arbitrators
    The arbitrators' powers shall be exercised by a majority unless otherwise provided by the parties' written arbitration agreement or this Article. (1999‑185, s. 1; 2005‑187,...
  • § 50-47   Hearing
    Unless otherwise provided by the parties' written agreement: (1) The arbitrators shall appoint a time and place for the hearing and notify the parties or...
  • § 50-48   Representation by attorney
    A party has the right to be represented by counsel at any proceeding or hearing under this Article. A waiver of representation prior to a...
  • § 50-49   Witnesses; subpoenas; depositions; court assistance
    (a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, records, documents, and...
  • § 50-50   Repealed by Session Laws 2005-187, s. 8, effective October 1, 2005
  • § 50-50.1   Consolidation
    (a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement or arbitration proceeding, the court may...
  • § 50-51   Award; costs
    (a) The award shall be in writing, dated and signed by the arbitrators joining in the award, with a statement of the place where the...
  • § 50-52   Change of award by arbitrators
    (a) On a party's application to the arbitrators or, if an application to the court is pending under G.S. 50‑53 through G.S. 50‑56, on submission...
  • § 50-53   Confirmation of award
    (a) Unless the parties otherwise agree in writing that part or all of an award shall not be confirmed by the court, upon a party's...
  • § 50-54   Vacating an award
    (a) Upon a party's application, the court shall vacate an award for any of the following reasons: (1) The award was procured by corruption, fraud,...
  • § 50-55   Modification or correction of award
    (a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the...
  • § 50-56   Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances
    (a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50‑13.7...
  • § 50-57   Orders or judgments on award
    (a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be entered in conformity with the order and docketed...
  • § 50-58   Applications to the court
    Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon...
  • § 50-59   Court; jurisdiction; other definitions
    (a) The term "court" means a court of competent jurisdiction of this State. Making an agreement in this State described in G.S. 50‑42 or any...
  • § 50-60   Appeals
    (a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of...
  • § 50-61   Article not retroactive
    This Article applies to agreements made on or after October 1, 1999, unless parties by separate written agreement after that date state that this Article...
  • § 50-62   Construction; uniformity of interpretation
    (a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act formerly in force in this State, the Revised Uniform Arbitration Act...

Article 4 - Collaborative Law Proceedings.

Article 5 - Parenting Coordinator.

  • § 50-90   Definitions
    As used in this Article, the following terms mean: (1) High‑conflict case. A child custody action involving minor children brought under Article 1 of this...
  • § 50-91   Appointment of parenting coordinator
    (a) The court may appoint a parenting coordinator at any time during the proceedings of a child custody action involving minor children brought under Article...
  • § 50-92   Authority of parenting coordinator
    (a) The authority of a parenting coordinator shall be specified in the court order appointing the parenting coordinator and shall be limited to matters that...
  • § 50-93   Qualifications
    (a) To be eligible to be included on the district court's list of parenting coordinators, a person must meet all of the following requirements: (1)...
  • § 50-94   Appointment conference
    (a) The parties, their attorneys, and the proposed parenting coordinator must all attend the appointment conference. (b) At the time of the appointment conference, the...
  • § 50-95   Fees
    (a) The parenting coordinator shall be entitled to reasonable compensation from the parties for services rendered and to a reasonable retainer. The parenting coordinator may...
  • § 50-96   Meetings and communications
    Meetings between the parenting coordinator and the parties may be informal and ex parte. Communications between the parties and the parenting coordinator are not confidential....
  • § 50-97   Reports
    (a) The parenting coordinator shall promptly provide written notification to the court, the parties, and attorneys for the parties if the parenting coordinator makes any...
  • § 50-98   Parenting coordinator records
    (a) The parenting coordinator shall provide the following to the attorneys for the parties and to the parties: (1) A written summary of the developments...
  • § 50-99   Modification or termination of parenting coordinator appointment
    (a) For good cause shown, the court may terminate or modify the parenting coordinator appointment upon motion of either party at the request of the...
  • § 50-100   Parenting coordinator immunity
    A parenting coordinator shall not be liable for damages for acts or omissions of ordinary negligence arising out of that person's duties and responsibilities as...