(a) Except as provided for in subsection (e) of this section, the material facts in every complaint asking for a divorce or for an annulment shall be deemed to be denied by the defendant, whether the same shall be actually denied by pleading or not, and no judgment shall be given in favor of the plaintiff in any such complaint until such facts have been found by a judge or jury.
(b) Nothing herein shall require notice of trial to be given to a defendant who has not made an appearance in the action.
(c) The determination of whether there is to be a jury trial or a trial before the judge without a jury shall be made in accordance with G.S. 1A-1, Rules 38 and 39.
(d) The provisions of G.S. 1A-1, Rule 56, shall be applicable to actions for absolute divorce pursuant to G.S. 50-6, for the purpose of determining whether any genuine issue of material fact remains for trial by jury, but in the event the court determines that no genuine issue of material fact remains for trial by jury, the court must find the facts as provided herein. The court may enter a judgment of absolute divorce pursuant to the procedures set forth in G.S. 1A-1, Rule 56, finding all requisite facts from nontestimonial evidence presented by affidavit, verified motion or other verified pleading.
(e) The clerk of superior court, upon request of the plaintiff, may enter judgment in cases in which the plaintiff's only claim against the defendant is for absolute divorce, or absolute divorce and the resumption of a former name, and the defendant has been defaulted for failure to appear, the defendant has answered admitting the allegations of the complaint, or the defendant has filed a waiver of the right to answer, and the defendant is not an infant or incompetent person. (1868-9, c. 93, s. 47; Code, s. 1288; Rev., s. 1564; C.S., s. 1662; 1963, c. 540, ss. 1, 2; 1965, c. 105; c. 636, s. 4; 1971, c. 17; 1973, cc. 2, 460; 1981, c. 12; 1983 (Reg. Sess., 1984), c. 1037, s. 4; 1985, c. 140; 1991, c. 568, s. 1; 2004-128, s. 6.)
Notes of Decisions
Cited in
61
cases (
4 in the last 5 years), 1945–2021 · leading case:
Hicks v. Hicks, 167 S.E.2d 761 (N.C. 1969).
Hicks v. Hicks, 167 S.E.2d 761 (N.C. 1969).
· cites it 25× “" The other statute pertinent to decision is N.C.Gen.Stat. § 50-10, which, in part, is as follows: The material facts in every complaint asking for a divorce shall be deemed to be denied by the defendant, whether the same shall be actually denied by pleading or not, and no…”
Phillips v. Phillips, 647 S.E.2d 481 (N.C. Ct. App. 2007).
· cites it 12× “” N.C. Gen. Stat. § 50-10 (a) (2005) (emphasis added).”
Podrebarac v. Horace, Talley, Pharr, & Lowndes, P.A., 752 S.E.2d 661 (N.C. Ct. App. 2013).
· cites it 3× “Plaintiff alleged that defendants breached their duty to plaintiff by, inter alia, failing to have the signatures on the stipulations notarized, failing to advise him that the stipulations were not enforceable without such notarization, failing to take the necessary steps to…”
Oltmanns v. Oltmanns, 773 S.E.2d 347 (N.C. Ct. App. 2015).
· cites it 7× “Plaintiff's argument first claims error based upon the trial court's deeming the allegations of defendant's counterclaim as to divorce from bed and board to be true based upon plaintiff's motion for judgment on the pleadings, since N.C. Gen.Stat. § 50-10(a) provides that the…”
Wright v. Wright, 188 S.E.2d 317 (N.C. 1972).
· cites it 5× “8-56 and G.S. 50-10. Defendant points out that Rule 33 provides that interrogatories to parties “may relate to any matters which can be inquired into under Rule 26(b),” and that Rule 26(b) provides that “the deponent may be examined regarding any matter, not privileged, which is…”
Miller v. Miller, 247 S.E.2d 278 (N.C. Ct. App. 1978).
· cites it 3× “N.C.G.S. §§ 50-10; 1A-1, Rule 38(b). Here, as the time for service of an answer had been extended by Rule 12(a), so had the time for demanding a jury trial.”
Allred v. Tucci, 354 S.E.2d 291 (N.C. Ct. App. 1987).
· cites it 2× “Included within that grant of authority are the provisions of G.S. 50-10, which require that “[t]he material facts in every complaint asking for a divorce .”
Edwards v. Edwards, 256 S.E.2d 728 (N.C. Ct. App. 1979).
· cites it 8× “This is so because G.S. 50-10 contains the following express provisions: The material facts in every complaint asking for a divorce or for an annulment shall be deemed denied by the defendant, whether the same shall be actually denied by pleading or not, and no judgment shall be…”
Carpenter v. Carpenter, 93 S.E.2d 617 (N.C. 1956).
· cites it 3× “) The statute, G.S. § 50-10, denies, and requires findings of fact by a jury, only as to "the material facts in every complaint".”
Eudy v. Eudy, 215 S.E.2d 782 (N.C. 1975).
· cites it 2× “G.S. 50-10; Pruett v. Pruett, 247 N.C. 13 , 100 S.”
Hawkins Ex Rel. Thompson v. Hawkins, 664 S.E.2d 616 (N.C. Ct. App. 2008).
· cites it 11× “Because defendant did not appeal from the underlying judgment which grants annulment, but only from the order which denied her Rule 60 motion for relief from that order, defendant’s entire argument in this appeal rests upon her assertion that the annulment judgment is void.”
Schlagel v. Schlagel, 117 S.E.2d 790 (N.C. 1961).
· cites it 4× “G.S. 50-10 provides: “The material facts in every complaint asking for divorce shall be deemed to be denied by the defendant, whether the same shall be actually denied by pleading or not, and no judgment shall be given in favor of the plaintiff in any such complaint until such…”
— N.C. Gen. Stat. § 50-10(a) — 4 cases
Phillips v. Phillips, 647 S.E.2d 481 (N.C. Ct. App. 2007).
“” N.C. Gen. Stat. § 50-10 (a) (2005) (emphasis added).”
Oltmanns v. Oltmanns, 773 S.E.2d 347 (N.C. Ct. App. 2015).
“Plaintiff's argument first claims error based upon the trial court's deeming the allegations of defendant's counterclaim as to divorce from bed and board to be true based upon plaintiff's motion for judgment on the pleadings, since N.C. Gen.Stat. § 50-10(a) provides that the…”
— N.C. Gen. Stat. § 50-10(d) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.