North Carolina § 50-6 - Divorce after separation of one year on application of either party.

§ 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 and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7 , a plea of res judicata, or a plea of recrimination. Notwithstanding the provisions of G.S. 50-11 , or of the common law, a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action. Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52-10.2 . Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year. History (1931, c. 72; 1933, c. 163; 1937, c. 100, ss. 1, 2; 1943, c. 448, s. 3; 1949, c. 264, s. 3; 1965, c. 636, s. 2; 1977, c. 817, s. 1; 1977, 2nd Sess., c. 1190, s. 1; 1979, c. 709, s. 1; 1981, c. 182; 1983, c. 613, s. 2; c. 923, s. 217; 1987, c. 664, s. 2.) Cross References. - For provision that in an action pursuant to this section, if either or both parties have sought and obtained marital counselling by a licensed physician, licensed psychologist, or certified marital family therapist, the person rendering such counselling shall not be competent to testify in the action concerning information acquired while rendering such counselling, see G.S. 8-53.6 . As to contents and verification of complaint, see G.S. 50-8 . As to the maintenance of actions for alimony, alimony pendente lite, and custody and support as independent actions during the pendency of an action for divorce, and vice versa, and the effect of a divorce on a pending action for alimony or alimony pendente lite, see G.S. 50-19 . Editor's Note. - Session Laws 1977, 2nd Sess., c. 1190, s. 2, provided: "In an action initiated after August 1, 1977, a judgment of divorce under G.S. 50-6 , entered before the effective date of this act [June 11, 1978] and when there was no pending action for support or alimony, shall be valid even though the court did not make a determination that there was no such pending action or a determination that all claims for support or alimony had been fully and finally adjudicated." Legal Periodicals. - For comment on the 1943 amendment to this section, see 21 N.C.L. Rev. 347 (1921). As to effect of this section on former G.S. 50-5 , see 9 N.C.L. Rev. 368 (1931). For note on "living apart" where both parties live in the same house, see 18 N.C.L. Rev. 247 (1940). For note discussing cases decided under this section, see 40 N.C.L. Rev. 808 (1962). For note on early statutory and common law of divorce in North Carolina, see 41 N.C.L. Rev. 604 (1963). For article, "Proposed Reforms in North Carolina Divorce Law," see 8 N.C. Cent. L.J. 35 (1976). For note discussing the application of the compulsory counterclaim provision of G.S. 1A-1 , Rule 13 in divorce suits, see 57 N.C.L. Rev. 439 (1979). For survey of 1978 family law, see 57 N.C.L. Rev. 1084 (1979). For note on the effect of resumed marital relations on separation agreements, see 1 Campbell L. Rev. 131 (1979). For article, "Mediation and Arbitration of Separation and Divorce Agreements," see 15 Wake Forest L. Rev. 467 (1979). For comment on the enforceability of arbitration clauses in North Carolina separation agreements, see 15 Wake Forest L. Rev. 487 (1979). For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For note on voiding separation agreements by isolated acts of sexual intercourse, see 16 Wake Forest L. Rev. 137 (1980). For survey of 1981 family law, see 60 N.C.L. Rev. 1379 (1982). For comment on contingent fees in domestic relations actions, see 62 N.C.L. Rev. 381 (1984). For domestic relations note, "The Validity of Foreign Divorce Decrees in North Carolina," see 20 Wake Forest L. Rev. 765 (1984). For 1984 survey, "Estoppel and Foreign Divorce," see 63 N.C.L. Rev. 1189 (1985). For 1984 survey, "Equitable Distribution Without Consideration of Marital Fault," see 63 N.C.L. Rev. 1204 (1985). For 1984 survey, "The Brief Death of Alienation of Affections and Criminal Conversation in North Carolina," 63 N.C.L. Rev. 1317 (1985). For note on post-separation sexual intercourse precluding enforcement of agreement requiring parties to live separate and apart, see 11 Campbell L. Rev. 73 (1988). For article, "Bromhal v. Stott: Revisiting the Court's Role in Separation Agreements in the Context of Attorneys' Fees," see 74 N.C.L. Rev. 2151 (1996). For article, "The Law of Alienation of Affections After McCutchen v. McCutchen: In North Carolina, Breaking Up Just Got Harder To Do," see 85 N.C.L. Rev. 1761 (2007). For article, "Falling Out of Love with an Outdated Tort: An Argument for the Abolition of Criminal Conversation in North Carolina," 87 N.C.L. Rev. 1910 (2009). For article, "No Exit: The Problem of Same-Sex Divorce," 90 N.C.L. Rev. 73 (2011). For article, "Can't Live With 'Em Can't Live Without 'Em: An Analysis of the Trial Court's Authority to Hear and Decide Child-Related Claims in North Carolina Post-Baumann," see 34 Campbell L. Rev. 449 (2012). For article, "If Loving You is Wrong….Can First Amendment Protection Be Right? Alienation of Affection, Criminal Conversation, and the Right to Free Speech," see 38 N.C. Cent. L. Rev. 93 (2016).