North Carolina § 50-19 - Maintenance of certain actions as independent actions permissible.

§ 50-19. Maintenance of certain actions as independent actions permissible.

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 as an independent, separate action may be prosecuted during the pendency of an action for: Alimony; Postseparation support; Custody and support of minor children; Custody and support of a person incapable of self-support upon reaching majority; or Divorce pursuant to G.S. 50-5.1 or G.S. 50-6. Notwithstanding the provisions of G.S. 1A-1, Rule 13(a), any action described in subdivision (a)(1) through (a)(5) of this section that is filed as an independent, separate action may be prosecuted during the pendency of an action for divorce under G.S. 50-5.1 or G.S. 50-6. Repealed by Session Laws 1991, c. 569, s. 1. Alimony; Alimony pendente lite; Custody and support of minor children; Custody and support of a person incapable of self-support upon reaching majority; or Divorce pursuant to G.S. 50-5.1 or G.S. 50-6. History (1979, c. 709, s. 2; 1985, c. 689, s. 20; 1991, c. 569, s. 1; 1995, c. 319, s. 10.) Editor's Note. - Session Laws 1995, c. 319, which amended this section, in s. 12 provides that this act applies to civil actions filed on or after October 1, 1995, and shall not apply to pending litigation, or to future motions in the cause seeking to modify orders or judgments in effect on October 1, 1995. This section, prior to the amendment by Session Laws 1995, c. 319, read as follows: " 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 as an independent, separate action may be prosecuted during the pendency of an action for: "(b) Notwithstanding the provisions of G.S. 1A-1 , Rule 13(a), any action described in subdivision (a)(1) through (a)(5) of this section that is filed as an independent, separate action may be prosecuted during the pendency of an action for divorce under G.S. 50-5.1 or G.S. 50-6 . "(c) Repealed by Session Laws 1991, c. 569, s. 1, effective October 1, 1991." Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For survey of 1982 law on civil procedure, see 61 N.C.L. Rev. 991 (1983).