Chapter 50 Divorce and Alimony
Article 1 - Divorce, Alimony, and Child Support, Generally.
- § 50-1 Repealed by Session Laws 1971, c. 1185, s. 20
- § 50-2 Bond for costs unnecessary
It shall not be necessary for either party to a proceeding for divorce or alimony to give any undertaking to the other party to secure...
- § 50-3 Venue; removal of action
In all proceedings for divorce, the summons shall be returnable to the court of the county in which either the plaintiff or defendant resides. [In]...
- § 50-4 What marriages may be declared void on application of either party
The district court, during a session of court, on application made as by law provided, by either party to a marriage contracted contrary to the...
- § 50-5 Repealed by Session Laws 1983, c. 613, s. 1
- § 50-5.1 Grounds for absolute divorce in cases of incurable insanity
In all cases where a husband and wife have lived separate and apart for three consecutive years, without cohabitation, and are still so living separate...
- § 50-6 Divorce after separation of one year on application of either party
Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband...
- § 50-7 Grounds for divorce from bed and board
The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if...
- § 50-8 Contents of complaint; verification; venue and service in action by nonresident; certain divorces validated
In all actions for divorce the complaint shall be verified in accordance with the provisions of Rule 11 of the Rules of Civil Procedure and...
- § 50-9 Effect of answer of summons by defendant
In all cases upon an action for a divorce absolute, where judgment of divorce has heretofore been granted and where the plaintiff has caused to...
- § 50-10 Material facts found by judge or jury in divorce or annulment proceedings; when notice of trial not required; procedure same as ordinary civil actions
(a) Except as provided for in subsection (e) of this section, the material facts in every complaint asking for a divorce or for an annulment...
- § 50-11 Effects of absolute divorce
(a) After a judgment of divorce from the bonds of matrimony, all rights arising out of the marriage shall cease and determine except as hereinafter...
- § 50-11.1 Children born of voidable marriage legitimate
A child born of voidable marriage or a bigamous marriage is legitimate notwithstanding the annulment of the marriage. (1951, c. 893, s. 2.)
- § 50-11.2 Judgment provisions pertaining to care, custody, tuition and maintenance of minor children
Where the court has the requisite jurisdiction and upon proper pleadings and proper and due notice to all interested parties the judgment in a divorce...
- § 50-11.3 Certain judgments entered prior to January 1, 1981, validated
Any judgment of divorce which has been entered prior to January 1, 1981, by a court of competent jurisdiction within the State of North Carolina...
- § 50-11.4 Certain judgments of divorce validated
Any judgment of divorce entered as a result of an action instituted prior to October 1, 1983, upon any grounds abolished by Chapter 613 of...
- § 50-12 Resumption of maiden or premarriage surname
(a) Any woman whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in...
- § 50-13 Repealed by Session Laws 1967, c. 1153, s. 1
- § 50-13.1 Action or proceeding for custody of minor child
(a) Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or...
- § 50-13.2 Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State
(a) An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency,...
- § 50-13.2A Action for visitation of an adopted grandchild
A biological grandparent may institute an action or proceeding for visitation rights with a child adopted by a stepparent or a relative of the child...
- § 50-13.3 Enforcement of order for custody
(a) An order providing for the custody of a minor child is enforceable by proceedings for civil contempt, and its disobedience may be punished by...
- § 50-13.4 Action for support of minor child
(a) Any parent, or any person, agency, organization or institution having custody of a minor child, or bringing an action or proceeding for the custody...
- § 50-13.5 Procedure in actions for custody or support of minor children
(a) Procedure. The procedure in actions for custody and support of minor children shall be as in civil actions, except as provided in this section...
- § 50-13.6 Counsel fees in actions for custody and support of minor children
In an action or proceeding for the custody or support, or both, of a minor child, including a motion in the cause for the modification...
- § 50-13.7 Modification of order for child support or custody
(a) Except as otherwise provided in G.S. 50‑13.7A, an order of a court of this State for support of a minor child may be modified...
- § 50-13.7A Custody and visitation upon military temporary duty, deployment, or mobilization
(a) Purpose. It is the purpose of this section to provide a means by which to facilitate a fair, efficient, and swift process to resolve...
- § 50-13.8 Custody of persons incapable of self-support upon reaching majority
For the purposes of custody, the rights of a person who is mentally or physically incapable of self‑support upon reaching his majority shall be the...
- § 50-13.9 Procedure to insure payment of child support
(a) Upon its own motion or upon motion of either party, the court may order at any time that support payments be made to the...
- § 50-13.10 Past due child support vested; not subject to retroactive modification; entitled to full faith and credit
(a) Each past due child support payment is vested when it accrues and may not thereafter be vacated, reduced, or otherwise modified in any way...
- § 50-13.11 Orders and agreements regarding medical support and health insurance coverage for minor children
(a) The court may order a parent of a minor child or other responsible party to provide medical support for the child, or the parties...
- § 50-13.12 Forfeiture of licensing privileges for failure to pay child support or for failure to comply with subpoena issued pursuant to child support or paternity establishment proceedings
(a) As used in this section, the term: (1) "Licensing board" means a department, division, agency, officer, board, or other unit of state government that...
- § 50-14 through 50-15 Repealed by Session Laws 1967, c. 1152, s. 1
- § 50-16 Repealed by Session Laws 1967, c. 1152, s. 1; c. 1153. s. 1
- § 50-16.1 Repealed by Session Laws 1995, c. 319, s. 1
- § 50-16.1A Definitions
As used in this Chapter, unless the context clearly requires otherwise, the following definitions apply: (1) "Alimony" means an order for payment for the support...
- § 50-16.2 Repealed by Session Laws 1995, c. 319, s. 1
- § 50-16.2A Postseparation support
(a) In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for postseparation support. The verified pleading, verified motion,...
- § 50-16.3 Repealed by Session Laws 1995, c. 319, s. 1
- § 50-16.3A Alimony
(a) Entitlement. In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. The court shall award alimony...
- § 50-16.4 Counsel fees in actions for alimony, postseparation support
At any time that a dependent spouse would be entitled to alimony pursuant to G.S. 50‑16.3A, or postseparation support pursuant to G.S. 50‑16.2A, the court...
- § 50-16.5 Repealed by Session Laws 1995, c. 319, s. 1
- § 50-16.6 When alimony, postseparation support, counsel fees not payable
(a) Repealed by Session Laws 1995, c. 319, s. 4. (b) Alimony, postseparation support, and counsel fees may be barred by an express provision of...
- § 50-16.7 How alimony and postseparation support paid; enforcement of decree
(a) Alimony or postseparation support shall be paid by lump sum payment, periodic payments, income withholding, or by transfer of title or possession of personal...
- § 50-16.8 Procedure in actions for postseparation support
When an application is made for postseparation support, the court may base its award on a verified pleading, affidavit, or other competent evidence. The court...
- § 50-16.9 Modification of order
(a) An order of a court of this State for alimony or postseparation support, whether contested or entered by consent, may be modified or vacated...
- § 50-16.10 Alimony without action
Alimony without action may be allowed by confession of judgment under G.S. 1A‑1, Rule 68.1. (1967, c. 1152, s. 2; 1985, c. 689, s. 19.)
- § 50-16.11 Repealed by Session Laws 1995, c. 319, s. 1
- § 50-17 Alimony in real estate, writ of possession issued
In all cases in which the court grants alimony by the assignment of real estate, the court has power to issue a writ of possession...
- § 50-18 Residence of military personnel; payment of defendant's travel expenses by plaintiff
In any action instituted and prosecuted under this Chapter, allegation and proof that the plaintiff or the defendant has resided or been stationed at a...
- § 50-19 Maintenance of certain actions as independent actions permissible
(a) Notwithstanding the provisions of G.S. 1A‑1, Rule 13(a), any action for divorce under the provisions of G.S. 50‑5.1 or G.S. 50‑6 that is filed...
- § 50-20 Distribution by court of marital and divisible property
(a) Upon application of a party, the court shall determine what is the marital property and divisible property and shall provide for an equitable distribution...
- § 50-20.1 Pension and retirement benefits
(a) The award of vested pension, retirement, or other deferred compensation benefits may be made payable: (1) As a lump sum by agreement; (2) Over...
- § 50-21 Procedures in actions for equitable distribution of property; sanctions for purposeful and prejudicial delay
(a) At any time after a husband and wife begin to live separate and apart from each other, a claim for equitable distribution may be...
- § 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...
- § 50-23 through 50-29 Reserved for future codification purposes
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.
- § 50-70 Collaborative law
As an alternative to judicial disposition of issues arising in a civil action under this Article, except for a claim for absolute divorce, on a...
- § 50-71 Definitions
As used in this article, the following terms mean: (1) Collaborative law. A procedure in which a husband and wife who are separated and are...
- § 50-72 Agreement requirements
A collaborative law agreement must be in writing, signed by all the parties to the agreement and their attorneys, and must include provisions for the...
- § 50-73 Tolling of time periods
A validly executed collaborative law agreement shall toll all legal time periods applicable to legal rights and issues under law between the parties for the...
- § 50-74 Notice of collaborative law agreement
(a) No notice shall be given to the court of any collaborative law agreement entered into prior to the filing of a civil action under...
- § 50-75 Judgment on collaborative law settlement agreement
A party is entitled to an entry of judgment or order to effectuate the terms of a collaborative law settlement agreement if the agreement is...
- § 50-76 Failure to reach settlement; disposition by court; duty of attorney to withdraw
(a) If the parties fail to reach a settlement and no civil action has been filed, either party may file a civil action, unless the...
- § 50-77 Privileged and inadmissible evidence
(a) All statements, communications, and work product made or arising from a collaborative law procedure are confidential and are inadmissible in any court proceeding. Work...
- § 50-78 Alternate dispute resolution permitted
Nothing in this Article shall be construed to prohibit the parties from using, by mutual agreement, other forms of alternate dispute resolution, including mediation or...
- § 50-79 Collaborative law procedures surviving death
Consistent with G.S. 50‑20(l), the personal representative of the estate of a deceased spouse may continue a collaborative law procedure with respect to equitable distribution...
- § 50-80 Reserved for future codification purposes
- § 50-81 Reserved for future codification purposes
- § 50-82 Reserved for future codification purposes
- § 50-83 Reserved for future codification purposes
- § 50-84 Reserved for future codification purposes
- § 50-85 Reserved for future codification purposes
- § 50-86 Reserved for future codification purposes
- § 50-87 Reserved for future codification purposes
- § 50-88 Reserved for future codification purposes
- § 50-89 Reserved for future codification purposes
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...
