NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 709

SENATE BILL 573

AN ACT PROVIDING THAT CERTAIN DEFENSES SHALL NOT BE A BAR TO A DIVORCE UNDER G.S. 50-6 AND PERMITTING CERTAIN ACTIONS TO BE MAINTAINED AS INDEPENDENT ACTIONS NOTWITHSTANDING RULE 13(a) OF THE RULES OF CIVIL PROCEDURE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 50-6 is amended by rewriting the third sentence to read:

"A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-5 or G.S. 50-7, a plea of res judicata, or a plea of recrimination."

Sec. 2.  G.S. Chapter 50 is amended by adding a new section to read:

"§ 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 or G.S. 50-6 that is filed as an independent, separate action may be prosecuted during the pendency of an action for:

(1)        alimony;

(2)        alimony pendente lite;

(3)        custody and support of minor children;

(4)        custody and support of a person incapable of self-support upon reaching majority; or

(5)        divorce pursuant to G.S. 50-5 or G.S. 50-6.

(b)        Notwithstanding the provisions of G.S. 1A-1, Rule 13(a), any action described in subdivision (a)(1) through (a)(5) of this section that is filed as an independent, separate action may be prosecuted during the pendency of an action for divorce under G.S. 50-5 or G.S. 50-6.

(c)        Notwithstanding the provisions of this section, any divorce obtained under G.S. 50-5 or G.S. 50-6 by a supporting spouse shall not affect the rights of a dependent spouse with respect to any action for alimony or alimony pendente lite that is pending at the time the judgment for divorce is granted."

Sec. 3.  G.S. 50-13.5 is amended on line 3 by deleting the words "as herein provided" and inserting in lieu thereof the followings: "as provided in this section and in G.S. 50-19".

Sec. 4.  G.S. 50-16.8 is amended on line 2 by inserting the words "and in G.S. 50‑19" after the word "section".

Sec. 5.  This act is effective July 1, 1979.

In the General Assembly read three times and ratified, this the 30th day of May, 1979.