North Carolina · statute · N.C. Gen. Stat. ch. 50 · 104 active provisions
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 such costs as such other party may recover. (1871-2, c. 193, s. 41; Code, s. 1294; Rev., s. 1558; C.S., s. 1656.)
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] any action brought under Chapter 50 for alimony or divorce filed in a county where the plaintiff resides but the defendant does not reside, where…
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 prohibitions contained in the Chapter entitled Marriage, or declared void by said Chapter, may declare such…
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 and apart by reason of the incurable insanity of one of them, the court may grant a decree of absolute divo…
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 and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for div…
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 either party: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the li…
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 G.S. 1-148. The plaintiff shall set forth in his or her complaint that…
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 be served upon the defendant in person a legal summons, whether by verified complaint or unverified complaint, and such defendant answ…
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 shall be deemed to be denie…
Effects of absolute divorce. (a) After a judgment of divorce from the bonds of matrimony, all rights arising out of the marriage cease, except as otherwise provided by this section, and either party may marry again without restriction arising from the dissolved marriage. (b) No judgment of divorce shall cause any child…
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.)
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 action may contain such provisions respecting care, custody, tuition and main…
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 without a conclusion of law that the plaintiff was entitled to an absolute divorce, but which is proper in all o…
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 the 1983 Session Laws as amended by Section 217(O) of Chapter 923 of the 1983 Session Laws, which is proper in all other respects, is hereby…
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 which she resides or where the divorce was granted setting forth her intention to do so, change her name to any of the following: (1) Her ma…
Purposes. It is the policy of the State of North Carolina to: (1) Encourage focused, good faith, and child-centered parenting agreements to reduce needless litigation over child custody matters and to promote the best interest of the child. (2) Encourage parents to take responsibility for their child by setting the exp…
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 proceeding for the custody of such child, as hereinafter provided. Any person whose actions resulted in a conviction u…
Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State; consideration of parent's military service. (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, organization or institution as wil…
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 where a substantial relationship exists between the grandparent and the child. Under no circumstances shall a biological gr…
Modification or enforcement of post-adoption contact agreement and order. A former parent or adoptive parent who is party to a post-adoption contact agreement and order entered pursuant to G.S. 7B-909.2 shall be governed by G.S. 7B-909.3. (2025-16, s. 1.18(c).)
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 proceedings for criminal contempt, as provided in Chapter 5A, Contempt, of the General Statutes. Notwithstanding the provisions of G.S. 1-29…
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 of such child, or a minor child by his guardian may institute an action for the support of such child as hereinafter provided. (b) In…
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 and in G.S. 50-19. In this G.S. 50-13.5 the words "custody and support" shall be deemed to include custody o…
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 or revocation of an existing order for custody or support, or both, the court may in its discretion order payment of r…
Modification of order for child support or custody. (a) An order of a court of this State for support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested subject to the limitations of G.S. 50-13.10. Subject to G.S.…