§ 50-10. Material facts found by judge or jury in divorce or annulment proceedings; when notice of trial not required; procedure same as ordinary civil actions.
§ 50‑10. Material factsfound by judge or jury in divorce or annulment proceedings; when notice oftrial not required; procedure same as ordinary civil actions.
(a) Except as providedfor in subsection (e) of this section, the material facts in every complaintasking for a divorce or for an annulment shall be deemed to be denied by thedefendant, whether the same shall be actually denied by pleading or not, and nojudgment shall be given in favor of the plaintiff in any such complaint untilsuch facts have been found by a judge or jury.
(b) Nothing hereinshall require notice of trial to be given to a defendant who has not made anappearance in the action.
(c) The determinationof whether there is to be a jury trial or a trial before the judge without ajury shall be made in accordance with G.S. 1A‑1, Rules 38 and 39.
(d) The provisions ofG.S. 1A‑1, Rule 56, shall be applicable to actions for absolute divorcepursuant to G.S. 50‑6, for the purpose of determining whether any genuineissue of material fact remains for trial by jury, but in the event the courtdetermines 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 ajudgment of absolute divorce pursuant to the procedures set forth in G.S. 1A‑1,Rule 56, finding all requisite facts from nontestimonial evidence presented byaffidavit, verified motion or other verified pleading.
(e) The clerk ofsuperior court, upon request of the plaintiff, may enter judgment in cases inwhich 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 hasbeen defaulted for failure to appear, the defendant has answered admitting theallegations of the complaint, or the defendant has filed a waiver of the rightto 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.)