SECTION TWO—I
This is
the Law
BY ' HAR YS \V D.ANIEL
(For the N. C. Bar Association)
Divorce and Alimony
Did you know that if a husband or
wife goes to another state from North
Carolina for the purpose of getting a
quick divorce, and does not establish
permanent residence or “domicile” in
the other state, the divorce is not val- •
id in North Carolina? Such is our
law. And if the person obtaining such
divorce under the circumstances des
cribed, remarries and returns to live
in this State, he or she, is subject to
prosecution for bigamous cohabitation.
North Carolina has two kinds of di
vorce. One, “from bed and board,”
or partial divorce. Two, absolute di
vorce, after which the marriage status
is completely dissolved as to the hus
band and wife and neither can later
inherit property from the other except
by will.
The first type of divorce is simply
a “legal separation” entered upon the
records of our Superior Court. Under
it the husband is still charged with the
responsibility of supporting his wife,
as well as the other obligations im
posed by the law upon a married man.
Grounds For Divorce
The North Carolina law lists several
grounds for allowing each type of di
vorce, upon petition to the Superior
Court by the offended party. They
are:
For legal separation—l. If either
party abandons the other; 2. “Mali
ciously turns the other out of doors;”
3. By cruel treatment endangers the I
life of the other; 4. Offers “such in
dignities to the person” of the other
as to “make Jife burdensome;” 5. Be
comes an habitual drunkard.
For absolute divorce—l. Adultery;
2. Natural impotency, which must
have existed at the time of marriage;
3. If at the time of marriage the wife
is pregnant, but not by the husband,
and such fact is unknown to him;
4. Two-year separation; 5. Crime
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’4B Plymouth 4 dr. $3951
1939 Ford, 2 dr. Sedan \
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_
Page Eight
against nature; 6. By special process
after five years’ separation because
of the insanity of the other party.
Formerly the waiting period for di
vorce from an insane spouse was 10
years. The 1953 legislature reduced
it to five years.
Void Without Divorce
North Carolina treats only two
kinds of unions as absolutely void:
“marriages between white and Negro
and certain Indians, and, bigamous
unions. In the eyes of the law these
“marriages” never took place and have
no binding effect upon either partici
pant. Thus, court action for divorce
would not be necessary to “dissolve”
such alliances. They were void from
the start.
Our State will not permit alimony
in a petition for absolute divorce. Ali
mony may be granted for proper
cause, however, in an action for di
vorce from “bed and board.” And, if
a person receives a grant of alimony
in a partial divorce suit, such alimony
payments would not be automatically
cut off upon a later petition for abso
lute divorce.
Os course, any private arrangements
made between separated or divorced
couples and which are not made parts
of the divorce court record, would not
be affected by our laws relating to
alimony.
What Price Alimony?
The court in allowing alimony may
grant up to —but no more than—one
third of the annual income from the |
estate, occupation or labor of the per
son from whom the divorce is allow
ed. If the conditions of the parties,
or either of them, later change, the
court may order a change in the
amount of alimony allotted, according
to the circumstances then existing.
From the language of our statutes
its seems that a man, as well as a wo
man, could ask for alimony. The wri
ter knows of no case of record in
North Carolina, however, in which the
husband sought alimony from his
wife. The practice is fairly common
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THE CHOWAN HERALD. EDENTQN. N. C.. THURSDAY MAY 13, 1954.
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LOOKAUKES —BoId colors of a Samoan print cotton by Gantner
of California make a striking “sweetheart” beach ensemble. Joe Ann
Aehle models a swim suit with sarong-draped skirt, gathered bra, and
elaaticized back. Larry Carr wears matching boxer trunks with a
squared-off look. The National Cotton Council reports that cotton rates
as No. 1 fashion fiber for beachwear.
in some western states.
| A married woman, upon affidavit
and a finding by the Judge of Super
ior Court that her contentions arej
true, may be granted alimony pending
her suit for EITHER TYPE of di
vorce. The legislature passed this law
originally in 1871, apparently on the
theory that a wife frequently might
be unable financially to prosecute her
suit and that, if she had a recognized
cause for divorce, she ought not to bo
deprived of it for lack of necessary
funds.
i If there are children in a home be- 1
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| Notice to the Voters of Chowan County I
I That lAm a Candidate for Sheriff 1
YOUR VOTE AND SUPPORT
WILL BE GREATLY APPRECIATED!
I Earl Goodwin I
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ing broken by divorce, the court must
decide the custody question in hand
■ ling the case.
i jNo divorce case in our State can be
: tried without a jury.
CATHOLIC SERVICES
On the first Sunday of every month,
first mass is in Palace Theatre, Wind
' sor, at BA. M. Also mass at 10 A.
! M., on that Sunday in St Ann’s
> Church, Edenton, stated Father John
Beshel, pastor. All other Sunday
masses in Edenton will be at 9 A. M.,
and 7:30 A. M., on week-days, he said.
Truck Bargains
1947 Chevrolet Pickup
SPECIAL —
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’49 Chevrolet 2-ton Truck
$695
’sl FORD 2 Door Sedan^Sdt)
’46 Chev., 4 dr. Sedan $29511
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’46 Chev., 2 dr. Sedan $395
1950 Chevrolet 2 Door Sedan (t 7 Q IT
Power Glide Extra Clean
Arthur Byrum Dies
After Long 1 Illness
Arthur Byrum, 73, well known Cho
wan County figure, died at the county
home Sunday afternoon at 12:30
o’clock. He had been in failing health |
for about two years. He leaves noj
close relatives.
Graveside services were held at the
family cemetery near the Happy Home
Church Monday afternoon at 3 o’clock.
The service was conducted by W. J.j
Berryman.
Sorrow is the harbinger of joy.
—Mary Baker Eddy.
I I
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Funeral Held Tuesday
For Nicholson Baby
Richard Nicholson, 1-year-old son of
Mr. and Mrs. Harold J. Nldholson, died
at the home of his grandmother, Mrs.
(Lonnie Van Hom on East Church
'street at 5 o’clock Sunday morning.
! Besides his parents and grandmother,
ithe boy is survived by a sister, Deb
| orah K. Nicholson. a ~ \
| Funeral services were held aIW i*>
| Williford Funeral Home Tuesday af
ternoon at 2:30 o’clock, and interment
was in Beaver Hill Cemetery.
TRY a HERALD CLASSIFIED AD