State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-11

§50‑11.  Effects of absolute divorce.

(a)        After a judgment ofdivorce from the bonds of matrimony, all rights arising out of the marriageshall cease and determine except as hereinafter set out, and either party maymarry again without restriction arising from the dissolved marriage.

(b)        No judgment ofdivorce shall render illegitimate any child in esse, or begotten of the body ofthe wife during coverture.

(c)        A divorce obtainedpursuant to G.S. 50‑5.1 or G.S. 50‑6 shall not affect the rights ofeither spouse with respect to any action for alimony or postseparation supportpending at the time the judgment for divorce is granted. Furthermore, ajudgment of absolute divorce shall not impair or destroy the right of a spouseto receive alimony or postseparation support or affect any other rightsprovided for such spouse under any judgment or decree of a court renderedbefore or at the time of the judgment of absolute divorce.

(d)        A divorce obtainedoutside the State in an action in which jurisdiction over the person of thedependent spouse was not obtained shall not impair or destroy the right of thedependent spouse to alimony as provided by the laws of this State.

(e)        An absolute divorceobtained within this State shall destroy the right of a spouse to equitabledistribution under G.S. 50‑20 unless the right is asserted prior tojudgment of absolute divorce; except, the defendant may bring an action or filea motion in the cause for equitable distribution within six months from thedate of the judgment in such a case if service of process upon the defendantwas by publication pursuant to G.S. 1A‑1, Rule 4 and the defendant failedto appear in the action for divorce.

(f)         An absolutedivorce by a court that lacked personal jurisdiction over the absent spouse orlacked jurisdiction to dispose of the property shall not destroy the right of aspouse to equitable distribution under G.S. 50‑20 if an action or motionin the cause is filed within six months after the judgment of divorce isentered. The validity of such divorce may be attacked in the action forequitable distribution. (1871‑2, c. 193, s. 43; Code, s. 1295; Rev., s.1569; 1919, c. 204; C.S., s. 1663; 1953, c. 1313; 1955, c. 872, s. 1; 1967, c.1152, s. 3; 1981, c. 190; c. 815, s. 2; 1987, c. 844, s. 3; 1991, c. 569, s. 2;1995, c. 319, s. 8; 1998‑217, s. 7(a), (b).)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-11

§50‑11.  Effects of absolute divorce.

(a)        After a judgment ofdivorce from the bonds of matrimony, all rights arising out of the marriageshall cease and determine except as hereinafter set out, and either party maymarry again without restriction arising from the dissolved marriage.

(b)        No judgment ofdivorce shall render illegitimate any child in esse, or begotten of the body ofthe wife during coverture.

(c)        A divorce obtainedpursuant to G.S. 50‑5.1 or G.S. 50‑6 shall not affect the rights ofeither spouse with respect to any action for alimony or postseparation supportpending at the time the judgment for divorce is granted. Furthermore, ajudgment of absolute divorce shall not impair or destroy the right of a spouseto receive alimony or postseparation support or affect any other rightsprovided for such spouse under any judgment or decree of a court renderedbefore or at the time of the judgment of absolute divorce.

(d)        A divorce obtainedoutside the State in an action in which jurisdiction over the person of thedependent spouse was not obtained shall not impair or destroy the right of thedependent spouse to alimony as provided by the laws of this State.

(e)        An absolute divorceobtained within this State shall destroy the right of a spouse to equitabledistribution under G.S. 50‑20 unless the right is asserted prior tojudgment of absolute divorce; except, the defendant may bring an action or filea motion in the cause for equitable distribution within six months from thedate of the judgment in such a case if service of process upon the defendantwas by publication pursuant to G.S. 1A‑1, Rule 4 and the defendant failedto appear in the action for divorce.

(f)         An absolutedivorce by a court that lacked personal jurisdiction over the absent spouse orlacked jurisdiction to dispose of the property shall not destroy the right of aspouse to equitable distribution under G.S. 50‑20 if an action or motionin the cause is filed within six months after the judgment of divorce isentered. The validity of such divorce may be attacked in the action forequitable distribution. (1871‑2, c. 193, s. 43; Code, s. 1295; Rev., s.1569; 1919, c. 204; C.S., s. 1663; 1953, c. 1313; 1955, c. 872, s. 1; 1967, c.1152, s. 3; 1981, c. 190; c. 815, s. 2; 1987, c. 844, s. 3; 1991, c. 569, s. 2;1995, c. 319, s. 8; 1998‑217, s. 7(a), (b).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-11

§50‑11.  Effects of absolute divorce.

(a)        After a judgment ofdivorce from the bonds of matrimony, all rights arising out of the marriageshall cease and determine except as hereinafter set out, and either party maymarry again without restriction arising from the dissolved marriage.

(b)        No judgment ofdivorce shall render illegitimate any child in esse, or begotten of the body ofthe wife during coverture.

(c)        A divorce obtainedpursuant to G.S. 50‑5.1 or G.S. 50‑6 shall not affect the rights ofeither spouse with respect to any action for alimony or postseparation supportpending at the time the judgment for divorce is granted. Furthermore, ajudgment of absolute divorce shall not impair or destroy the right of a spouseto receive alimony or postseparation support or affect any other rightsprovided for such spouse under any judgment or decree of a court renderedbefore or at the time of the judgment of absolute divorce.

(d)        A divorce obtainedoutside the State in an action in which jurisdiction over the person of thedependent spouse was not obtained shall not impair or destroy the right of thedependent spouse to alimony as provided by the laws of this State.

(e)        An absolute divorceobtained within this State shall destroy the right of a spouse to equitabledistribution under G.S. 50‑20 unless the right is asserted prior tojudgment of absolute divorce; except, the defendant may bring an action or filea motion in the cause for equitable distribution within six months from thedate of the judgment in such a case if service of process upon the defendantwas by publication pursuant to G.S. 1A‑1, Rule 4 and the defendant failedto appear in the action for divorce.

(f)         An absolutedivorce by a court that lacked personal jurisdiction over the absent spouse orlacked jurisdiction to dispose of the property shall not destroy the right of aspouse to equitable distribution under G.S. 50‑20 if an action or motionin the cause is filed within six months after the judgment of divorce isentered. The validity of such divorce may be attacked in the action forequitable distribution. (1871‑2, c. 193, s. 43; Code, s. 1295; Rev., s.1569; 1919, c. 204; C.S., s. 1663; 1953, c. 1313; 1955, c. 872, s. 1; 1967, c.1152, s. 3; 1981, c. 190; c. 815, s. 2; 1987, c. 844, s. 3; 1991, c. 569, s. 2;1995, c. 319, s. 8; 1998‑217, s. 7(a), (b).)

Categories