§ 50-6. Divorce after separation of one year on application of either party. - North Carolina Statutes

§50‑6.  Divorce after separation of one year on application of eitherparty.

Marriages may be dissolved andthe parties thereto divorced from the bonds of matrimony on the application ofeither party, if and when the husband and wife have lived separate and apartfor one year, and the plaintiff or defendant in the suit for divorce hasresided in the State for a period of six months. A divorce under this sectionshall not be barred to either party by any defense or plea based upon anyprovision of G.S. 50‑7, a plea of res judicata, or a plea ofrecrimination. Notwithstanding the provisions of G.S. 50‑11, or of thecommon law, a divorce under this section shall not affect the rights of adependent spouse with respect to alimony which have been asserted in the actionor any other pending action.

Whether there has been aresumption of marital relations during the period of separation shall bedetermined pursuant to G.S. 52‑10.2.  Isolated incidents of sexualintercourse between the parties shall not toll the statutory period requiredfor 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.)