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. (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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 50 - Divorce and Alimony
Article 1 - Divorce, Alimony, and Child Support, Generally.
§ 50-2 - Bond for costs unnecessary.
§ 50-3 - Venue; removal of action.
§ 50-4 - What marriages may be declared void on application of either party.
§ 50-5.1 - Grounds for absolute divorce in cases of incurable insanity.
§ 50-6 - Divorce after separation of one year on application of either party.
§ 50-7 - Grounds for divorce from bed and board.
§ 50-9 - Effect of answer of summons by defendant.
§ 50-11 - Effects of absolute divorce.
§ 50-11.1 - Children born of voidable marriage legitimate.
§ 50-11.3 - Certain judgments entered prior to January 1, 1981, validated.
§ 50-11.4 - Certain judgments of divorce validated.
§ 50-12 - Resumption of maiden or premarriage surname.
§ 50-13.1 - Action or proceeding for custody of minor child.
§ 50-13.2A - Action for visitation of an adopted grandchild.
§ 50-13.3 - Enforcement of order for custody.
§ 50-13.4 - Action for support of minor child.
§ 50-13.5 - Procedure in actions for custody or support of minor children.
§ 50-13.6 - Counsel fees in actions for custody and support of minor children.
§ 50-13.7 - Modification of order for child support or custody.
§ 50-13.8 - Custody of persons incapable of self-support upon reaching majority.
§ 50-13.9 - Procedure to insure payment of child support.
§ 50-13.13 - Motion or claim for relief from child support order based on finding of nonpaternity.
§ 50-16.2A - Postseparation support.
§ 50-16.4 - Counsel fees in actions for alimony, postseparation support.
§ 50-16.6 - When alimony, postseparation support, counsel fees not payable.
§ 50-16.7 - How alimony and postseparation support paid; enforcement of decree.
§ 50-16.8 - Procedure in actions for postseparation support.
§ 50-16.9 - Modification of order.
§ 50-16.10 - Alimony without action.
§ 50-17 - Alimony in real estate, writ of possession issued.
§ 50-18 - Residence of military personnel; payment of defendant's travel expenses by plaintiff.
§ 50-19 - Maintenance of certain actions as independent actions permissible.
§ 50-19.1 - Maintenance of certain appeals allowed.
§ 50-20 - Distribution by court of marital and divisible property.
§ 50-20.1 - Pension, retirement, and deferred compensation benefits.