State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-8

§50‑8.  Contents of complaint; verification; venue and service in actionby nonresident; certain divorces validated.

In all actions for divorce thecomplaint shall be verified in accordance with the provisions of Rule 11 of theRules of Civil Procedure and G.S. 1‑148. The plaintiff shall set forth inhis or her complaint that the complainant or defendant has been a resident ofthe State of North Carolina for at least six months next preceding the filingof the complaint, and that the facts set forth therein as grounds for divorce,except in actions for divorce from bed and board, have existed to his or herknowledge for at least six months prior to the filing of the complaint:Provided, however, that if the cause for divorce is one‑year separation,then it shall not be necessary to allege in the complaint that the grounds fordivorce have existed for at least six months prior to the filing of thecomplaint; it being the purpose of this proviso to permit a divorce after suchseparation of one year without awaiting an additional six months for filing thecomplaint: Provided, further, that if the complainant is a nonresident of theState action shall be brought in the county of the defendant's residence, andsummons served upon the defendant personally or service of summons accepted bythe defendant personally in the manner provided in G.S. 1A‑1, Rule4(j)(1). Notwithstanding any other provision of this section, any suit oraction for divorce heretofore instituted by a nonresident of this State inwhich the defendant was personally served with summons or in which thedefendant personally accepted service of the summons and the case was tried andfinal judgment entered in a court of this State in a county other than thecounty of the defendant's residence, is hereby validated and declared to belegal and proper, the same as if the suit or action for divorce had beenbrought in the county of the defendant's residence.

In all divorce actions thecomplaint shall set forth the name and age of any minor child or children ofthe marriage, and in the event there are no minor children of the marriage, thecomplaint shall so state. In addition, when there are minor children of themarriage, the complaint shall state the social security number of the plaintiffand, if known, the social security number of the defendant.

In all prior suits and actionsfor divorce heretofore instituted and tried in the courts of this State wherethe averments of fact required to be contained in the affidavit heretoforerequired by this section are or have been alleged and set forth in thecomplaint in said suits or actions and said complaints have been duly verifiedas required by Rule 11 of the Rules of Civil Procedure, said allegations socontained in said complaints shall be deemed to be, and are hereby made, asubstantial compliance as to the allegations heretofore required by thissection to be set forth in any affidavit; and all such suits or actions fordivorce, as well as the judgments or decrees issued and entered as a resultthereof, are hereby validated and declared to be legal and proper judgments anddecrees of divorce.

In all suits and actions fordivorce heretofore instituted and tried in this State on and subsequent to the5th day of April, 1951, wherein the statements, averments, or allegations inthe verification to the complaint in said suits or actions are not inaccordance with the provisions of Rule 11 of the Rules of Civil Procedure andG.S. 1‑148 or the requirements of this section as to verification ofcomplaint or the allegations, statements or averments in the verificationcontain the language that the facts set forth in the complaint are true"to the best of affiant's knowledge and belief" instead of thelanguage "that the same is true to his (or her) own knowledge" orsimilar variation in language, said allegations, statements and averments insaid verifications as contained in or attached to said complaint shall bedeemed to be, and are hereby made, a substantial compliance as to theallegations, averments or statements required by this section to be set forthin any such verifications; and all such suits or actions for divorce, as wellas the judgments or decrees issued and entered as a result thereof, are herebyvalidated and declared to be legal and proper judgments and decrees of divorce.The judgment of divorce shall include, where there are minor children of theparties, the social security numbers of the parties. (1868‑9,c. 93, s. 46; 1869‑70, c. 184; Code, s. 1287; Rev., s. 1563; 1907, c.1008, s. 1; C.S., s. 1661; 1925, c. 93; 1933, c. 71, ss. 2, 3; 1943, c. 448, s.1; 1947, c. 165; 1949, c. 264, s. 4; 1951, c. 590; 1955, c. 103; 1965, c. 636,s. 3; c. 751, s. 1; 1967, c. 50; c. 954, s. 3; 1969, c. 803; 1971, c. 415;1973, c. 39; 1981, c. 599, s. 15; 1997‑433, s. 4.3; 1998‑17, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-8

§50‑8.  Contents of complaint; verification; venue and service in actionby nonresident; certain divorces validated.

In all actions for divorce thecomplaint shall be verified in accordance with the provisions of Rule 11 of theRules of Civil Procedure and G.S. 1‑148. The plaintiff shall set forth inhis or her complaint that the complainant or defendant has been a resident ofthe State of North Carolina for at least six months next preceding the filingof the complaint, and that the facts set forth therein as grounds for divorce,except in actions for divorce from bed and board, have existed to his or herknowledge for at least six months prior to the filing of the complaint:Provided, however, that if the cause for divorce is one‑year separation,then it shall not be necessary to allege in the complaint that the grounds fordivorce have existed for at least six months prior to the filing of thecomplaint; it being the purpose of this proviso to permit a divorce after suchseparation of one year without awaiting an additional six months for filing thecomplaint: Provided, further, that if the complainant is a nonresident of theState action shall be brought in the county of the defendant's residence, andsummons served upon the defendant personally or service of summons accepted bythe defendant personally in the manner provided in G.S. 1A‑1, Rule4(j)(1). Notwithstanding any other provision of this section, any suit oraction for divorce heretofore instituted by a nonresident of this State inwhich the defendant was personally served with summons or in which thedefendant personally accepted service of the summons and the case was tried andfinal judgment entered in a court of this State in a county other than thecounty of the defendant's residence, is hereby validated and declared to belegal and proper, the same as if the suit or action for divorce had beenbrought in the county of the defendant's residence.

In all divorce actions thecomplaint shall set forth the name and age of any minor child or children ofthe marriage, and in the event there are no minor children of the marriage, thecomplaint shall so state. In addition, when there are minor children of themarriage, the complaint shall state the social security number of the plaintiffand, if known, the social security number of the defendant.

In all prior suits and actionsfor divorce heretofore instituted and tried in the courts of this State wherethe averments of fact required to be contained in the affidavit heretoforerequired by this section are or have been alleged and set forth in thecomplaint in said suits or actions and said complaints have been duly verifiedas required by Rule 11 of the Rules of Civil Procedure, said allegations socontained in said complaints shall be deemed to be, and are hereby made, asubstantial compliance as to the allegations heretofore required by thissection to be set forth in any affidavit; and all such suits or actions fordivorce, as well as the judgments or decrees issued and entered as a resultthereof, are hereby validated and declared to be legal and proper judgments anddecrees of divorce.

In all suits and actions fordivorce heretofore instituted and tried in this State on and subsequent to the5th day of April, 1951, wherein the statements, averments, or allegations inthe verification to the complaint in said suits or actions are not inaccordance with the provisions of Rule 11 of the Rules of Civil Procedure andG.S. 1‑148 or the requirements of this section as to verification ofcomplaint or the allegations, statements or averments in the verificationcontain the language that the facts set forth in the complaint are true"to the best of affiant's knowledge and belief" instead of thelanguage "that the same is true to his (or her) own knowledge" orsimilar variation in language, said allegations, statements and averments insaid verifications as contained in or attached to said complaint shall bedeemed to be, and are hereby made, a substantial compliance as to theallegations, averments or statements required by this section to be set forthin any such verifications; and all such suits or actions for divorce, as wellas the judgments or decrees issued and entered as a result thereof, are herebyvalidated and declared to be legal and proper judgments and decrees of divorce.The judgment of divorce shall include, where there are minor children of theparties, the social security numbers of the parties. (1868‑9,c. 93, s. 46; 1869‑70, c. 184; Code, s. 1287; Rev., s. 1563; 1907, c.1008, s. 1; C.S., s. 1661; 1925, c. 93; 1933, c. 71, ss. 2, 3; 1943, c. 448, s.1; 1947, c. 165; 1949, c. 264, s. 4; 1951, c. 590; 1955, c. 103; 1965, c. 636,s. 3; c. 751, s. 1; 1967, c. 50; c. 954, s. 3; 1969, c. 803; 1971, c. 415;1973, c. 39; 1981, c. 599, s. 15; 1997‑433, s. 4.3; 1998‑17, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-8

§50‑8.  Contents of complaint; verification; venue and service in actionby nonresident; certain divorces validated.

In all actions for divorce thecomplaint shall be verified in accordance with the provisions of Rule 11 of theRules of Civil Procedure and G.S. 1‑148. The plaintiff shall set forth inhis or her complaint that the complainant or defendant has been a resident ofthe State of North Carolina for at least six months next preceding the filingof the complaint, and that the facts set forth therein as grounds for divorce,except in actions for divorce from bed and board, have existed to his or herknowledge for at least six months prior to the filing of the complaint:Provided, however, that if the cause for divorce is one‑year separation,then it shall not be necessary to allege in the complaint that the grounds fordivorce have existed for at least six months prior to the filing of thecomplaint; it being the purpose of this proviso to permit a divorce after suchseparation of one year without awaiting an additional six months for filing thecomplaint: Provided, further, that if the complainant is a nonresident of theState action shall be brought in the county of the defendant's residence, andsummons served upon the defendant personally or service of summons accepted bythe defendant personally in the manner provided in G.S. 1A‑1, Rule4(j)(1). Notwithstanding any other provision of this section, any suit oraction for divorce heretofore instituted by a nonresident of this State inwhich the defendant was personally served with summons or in which thedefendant personally accepted service of the summons and the case was tried andfinal judgment entered in a court of this State in a county other than thecounty of the defendant's residence, is hereby validated and declared to belegal and proper, the same as if the suit or action for divorce had beenbrought in the county of the defendant's residence.

In all divorce actions thecomplaint shall set forth the name and age of any minor child or children ofthe marriage, and in the event there are no minor children of the marriage, thecomplaint shall so state. In addition, when there are minor children of themarriage, the complaint shall state the social security number of the plaintiffand, if known, the social security number of the defendant.

In all prior suits and actionsfor divorce heretofore instituted and tried in the courts of this State wherethe averments of fact required to be contained in the affidavit heretoforerequired by this section are or have been alleged and set forth in thecomplaint in said suits or actions and said complaints have been duly verifiedas required by Rule 11 of the Rules of Civil Procedure, said allegations socontained in said complaints shall be deemed to be, and are hereby made, asubstantial compliance as to the allegations heretofore required by thissection to be set forth in any affidavit; and all such suits or actions fordivorce, as well as the judgments or decrees issued and entered as a resultthereof, are hereby validated and declared to be legal and proper judgments anddecrees of divorce.

In all suits and actions fordivorce heretofore instituted and tried in this State on and subsequent to the5th day of April, 1951, wherein the statements, averments, or allegations inthe verification to the complaint in said suits or actions are not inaccordance with the provisions of Rule 11 of the Rules of Civil Procedure andG.S. 1‑148 or the requirements of this section as to verification ofcomplaint or the allegations, statements or averments in the verificationcontain the language that the facts set forth in the complaint are true"to the best of affiant's knowledge and belief" instead of thelanguage "that the same is true to his (or her) own knowledge" orsimilar variation in language, said allegations, statements and averments insaid verifications as contained in or attached to said complaint shall bedeemed to be, and are hereby made, a substantial compliance as to theallegations, averments or statements required by this section to be set forthin any such verifications; and all such suits or actions for divorce, as wellas the judgments or decrees issued and entered as a result thereof, are herebyvalidated and declared to be legal and proper judgments and decrees of divorce.The judgment of divorce shall include, where there are minor children of theparties, the social security numbers of the parties. (1868‑9,c. 93, s. 46; 1869‑70, c. 184; Code, s. 1287; Rev., s. 1563; 1907, c.1008, s. 1; C.S., s. 1661; 1925, c. 93; 1933, c. 71, ss. 2, 3; 1943, c. 448, s.1; 1947, c. 165; 1949, c. 264, s. 4; 1951, c. 590; 1955, c. 103; 1965, c. 636,s. 3; c. 751, s. 1; 1967, c. 50; c. 954, s. 3; 1969, c. 803; 1971, c. 415;1973, c. 39; 1981, c. 599, s. 15; 1997‑433, s. 4.3; 1998‑17, s. 1.)

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