NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

CHAPTER 1223

SENATE BILL 1028

AN ACT TO ALLOW REMOVAL OF DIVORCE ACTIONS TO THE COUNTY OF RESIDENCE OF THE DEFENDANT IF THE PLAINTIFF LEAVES THE STATE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 50-3 is amended by adding the following:

"Any action brought under Chapter 50 for alimony or divorce filed in a county where the plaintiff resides but the defendant does not reside, where both parties are residents of the State of North Carolina, and where the plaintiff removes from the State and ceases to be a resident, the action may be removed upon motion of the defendant, for trial or for any motion in the cause, either before or after judgment, to the county in which the defendant resides. The judge, upon such motion, shall order the removal of the action, and the procedures of G.S. 1-87 shall be followed."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1978.