Newspapers / Zebulon Record (Zebulon, N.C.) / May 4, 1954, edition 1 / Page 2
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Two w. Bar 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 valid in North Carolina? Such is our law. And if the person obtaining such divorce under the circumstances described, remarries and returns to live in this State, he or she/ is subject to prosecution for bigamous co habitation. North Carolina has two kinds of divorce. One, “from bed and board,” or partial divorce. Two, absolute divorce, after which the marriage status is completely dis solved as to the husband and wife and neither can later inherit prop erty from the other except by will. The first type of divorce is sim ply a “legal separation” entered upon the records of our Superior Court. Under it the husband is still charged with the responsi bility 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 divorce, upon petition to the Superior Court by the offend ed party. They are: For legal separation —l. If either party abandons the other; 2. “Maliciously turns the other out of doors:” 3. By cruel treatment endangers the life of the other; BETTY SUE P CHILDREN WE OfcfTV SUE, p'wEU. \ GUtSS IHtY OUR GLO6RAPHV i WH V '* "fl"* EQUATOR r MAP MAKER MAO TO ** I, * uhe Draw the line on inferior auto repair work . . . come to MARTIN’S GULF SERVICE. We employ only skilled me chanics to do our work . . . offer everything from motor tune-ups to complete brake service . . . and carry a full line of accessories. O MARTIN'S GULP SEFV/CF PHO. 6UO Z€BULON,N.C. VOTE FOR Ray B. BRADY -/or- CLERK OF SUPERIOR COURT of Wake County 4. Offers “such indignities to the person” of the other as to “make life burdensome!” 5. Becomes an habitual drunkard. For absolute divorce—l. Adul tery; 2. Natural impotency, which must have existed at the time of marriage; 3. If at the time of mar riage the wife is pregnant, but not by the husband, and such fact is unknown to him; 4. Two-year separation; 5. Crime against na ture; 6. By special process after five years separation because of the insanity of the other party. Formerly the waiting period for divorce from an insane spouse was 10 years. The 1953 legislature re duced 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 participant. Thus, court action *for divorce would not be necessary to “dis solve” such alliances. They were void from the start. Our State will not permit ali mony in a petition for absolute di vorce. Alimony may be granted for proper cause, however, in an action for divorce from “bed and board.” And, if a person receives a • grant of alimony in a partial divorce suit, such alimony pay ments would not be automatical ly cut off Upon a later petition for absolute divorce. Os course, any private arrange- .< \mb mm •"„* j e , The Zebulon Record ments 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 couple 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 person from whom the divorce is allowed. If the conditions of the parties, or either of them, later change, the court may order a change in the amount of alimony alloted, according to the circumstances then existing. From the language of our sta tutes it seems that a man, as well as a woman, could ask for ali mony. The writer knows of no case of record in North Carolina, however, in which the husband sought alimony from his wife. The practice is fairly common in some western states. A married woman, upon affi davit and a finding by the Judge of Superior Court that her conten tions are true, may be granted ali mony pending her suit for EITHER TYPE of divorce. The legisla ture passed this law originally in 1871, apparently on the theory that a wife frequently might be un able financially to prosecute her suit and that, if she had a recog nized cause for divorce, she ought not to be deprived of it for lack of necessary funds. If there are children in a home being broken by divorce, the court must decide the custody question in handling the case. No divorce case in our State can be tried without a jury. “Long Distance takes you so far, so fast, for so little” Cut Federal Tax Means You Pay Less for , j Every Long Distance Call Now you can keep in touch with distant friends or loved ones at even less cost since the reduction of federal excise taxes by Congress on April 1. Instead of paying a 25% excise tax (15% on calls under 25 cents), you now pay only 10% on all Long Distance calls. Today, why not enjoy a Long Distance tele phone trip? Someone will appreciate hearing your voice, and you’ll enjoy hearing theirs. It means so much to keep in touch—and now it costs even less by Long Distance. Call your friendly Long Distance operator for rates. OO LOCAL SERVICE ALSO COSTS LESS Excise Tea Reduced from 15% to 10% SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY LOOK YOUR BEST - ALWAYS! We'll ~clean and press your clothes so they'll look better than new! ZEBULON DRY CLEANERS Phone 2221 Worth Hinton, Prop. lit* jPy “Your Vote and Support Will Be Appreciated” Trade with Us! Quality Higher Than Price! II Ml rr FARM SUPPLY COMPANY Telephone 3596 Zebulon VOTE FOR \ RAYMOND PERRY FOR Constable, Little River Township Tuesday, May 4, 1954
Zebulon Record (Zebulon, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 4, 1954, edition 1
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