En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Legal Statutes: North Carolina

UPDATED August 17, 2016

North Carolina Statutes

Print this page

Back to North Carolina overview

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

back to top50-6. 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.
Amended by Laws 1943, c. 448, § 3; Laws 1949, c. 264, § 3; Laws 1965, c. 636, § 2; Laws 1977, c. 817, § 1; Laws 1977 (2nd Sess.), c. 1190, § 1; Laws 1979, c. 709, § 1; Laws 1981, c. 182; Laws 1983, c. 613, § 2; Laws 1983, c. 923, § 217; Laws 1987, c. 664, § 2.