North Carolina General Statutes Chapter 50 Divorce and Alimony

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

N.C. Gen. Stat. § 50-1. Repealed by Session Laws 1971, c. 1185, s. 20
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-5. Repealed by Session Laws 1983, c. 613, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-13. Repealed by Session Laws 1967, c. 1153, s. 1
N.C. Gen. Stat. § 50-13.1. Action or proceeding for custody of minor child
(a) (See Editor's note) Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may...
N.C. Gen. Stat. § 50-13.2. 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-13.7A. Repealed by Session Laws 2013-27, s. 2, effective October 1, 2013
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-13.13. Motion or claim for relief from child support order based on finding of nonpaternity
(a) Notwithstanding G.S. 1A-1, Rule 60 of the North Carolina Rules of Civil Procedure, or any other provision of law, an individual who, as...
N.C. Gen. Stat. § 50-14 through 50-15. Repealed by Session Laws 1967, c. 1152, s. 1
N.C. Gen. Stat. § 50-16. Repealed by Session Laws 1967, c. 1152, s. 1; c. 1153. s. 1
N.C. Gen. Stat. § 50-16.1. Repealed by Session Laws 1995, c. 319, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-16.2. Repealed by Session Laws 1995, c. 319, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-16.3. Repealed by Session Laws 1995, c. 319, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-16.5. Repealed by Session Laws 1995, c. 319, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.
N.C. Gen. Stat. § 50-16.11. Repealed by Session Laws 1995, c. 319, s. 1
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-19.1. Maintenance of certain appeals allowed
Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-22. Action on behalf of an incompetent
A duly appointed attorney-in-fact who has the power to sue and defend civil actions on behalf of an incompetent spouse and who has been...
N.C. Gen. Stat. § 50-23 through 50-29. Reserved for future codification purposes

Article 2 - Expedited Process for Child Support Cases.

N.C. Gen. Stat. § 50-30. Findings; policy; and purpose
(a) Findings. - The General Assembly makes the following findings: (1) There is a strong public interest in providing fair, efficient, and swift judicial...
N.C. Gen. Stat. § 50-31. Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Child support case" means the part of any civil or criminal action...
N.C. Gen. Stat. § 50-32. Disposition of cases within 60 days; extension
Except where paternity is at issue, in all child support cases the district court judge shall dispose of the case from filing to disposition...
N.C. Gen. Stat. § 50-33. Waiver of expedited process requirement
(a) State to Seek Waiver. - The State Department of Health and Human Services, with the assistance of the Administrative Office of the Courts,...
N.C. Gen. Stat. § 50-34. Establishment of an expedited process
(a) Districts Required to Have Expedited Process. - In any district court district as defined in G.S. 7A-133 that is required by G.S. 50-33(b)...
N.C. Gen. Stat. § 50-35. Authority and duties of a child support hearing officer
A child support hearing officer who is properly qualified and designated under this Article has the following authority and responsibilities in all child support...
N.C. Gen. Stat. § 50-36. Child support procedures in districts with expedited process
(a) Scheduling of Cases. - The procedures of this section shall apply to all child support cases in any district court district as defined...
N.C. Gen. Stat. § 50-37. Enforcement authority of child support hearing officer; contempt
When a child support case is before a child support hearing officer for enforcement of a child support order, the hearing officer has the...
N.C. Gen. Stat. § 50-38. Appeal from orders of the child support hearing officer
(a) Appeal; Hearing De Novo. - Any party may appeal an order of a child support hearing officer for a hearing de novo before...
N.C. Gen. Stat. § 50-39. Qualifications of child support hearing officer
(a) Qualifications. - A clerk or assistant clerk of superior court or a magistrate, to be designated and serve as a child support hearing...
N.C. Gen. Stat. § 50-40. Reserved for future codification purposes

Article 3 - Family Law Arbitration Act.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 50-50. Repealed by Session Laws 2005-187, s. 8, effective October 1, 2005
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 4 - Collaborative Law Proceedings.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 50-80. Reserved for future codification purposes
N.C. Gen. Stat. § 50-81. Reserved for future codification purposes
N.C. Gen. Stat. § 50-82. Reserved for future codification purposes
N.C. Gen. Stat. § 50-83. Reserved for future codification purposes
N.C. Gen. Stat. § 50-84. Reserved for future codification purposes
N.C. Gen. Stat. § 50-85. Reserved for future codification purposes
N.C. Gen. Stat. § 50-86. Reserved for future codification purposes
N.C. Gen. Stat. § 50-87. Reserved for future codification purposes
N.C. Gen. Stat. § 50-88. Reserved for future codification purposes
N.C. Gen. Stat. § 50-89. Reserved for future codification purposes

Article 5 - Parenting Coordinator.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Last modified: March 23, 2014