§ 50-71 – Definitions.
50-71. Definitions. As used in this article, the following terms mean: (1) Collaborative law. – A procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys agree to use their best efforts and make a good faith attempt to resolve their […]
§ 50-72 – Agreement requirements.
50-72. Agreement requirements. A collaborative law agreement must be in writing, signed by all the parties to the agreement and their attorneys, and must include provisions for the withdrawal of all attorneys involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute. (2003-371, s. 1.)
§ 50-73 – Tolling of time periods.
50-73. Tolling of time periods. A validly executed collaborative law agreement shall toll all legal time periods applicable to legal rights and issues under law between the parties for the amount of time the collaborative law agreement remains in effect. This section applies to any applicable statutes of limitations, filing deadlines, or other time limitations […]
§ 50-74 – Notice of collaborative law agreement.
50-74. Notice of collaborative law agreement. (a) No notice shall be given to the court of any collaborative law agreement entered into prior to the filing of a civil action under this Article. (b) If a civil action is pending, a notice of a collaborative law agreement, signed by the parties and their attorneys, shall […]
§ 50-75 – Judgment on collaborative law settlement agreement.
50-75. Judgment on collaborative law settlement agreement. A party is entitled to an entry of judgment or order to effectuate the terms of a collaborative law settlement agreement if the agreement is signed by each party to the agreement. (2003-371, s. 1.)
§ 50-55 – Modification or correction of award.
50-55. Modification or correction of award. (a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs: (1) There is an evident miscalculation of figures or an evident mistake in the description […]
§ 50-56 – Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances.
50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances. (a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50-13.7 and G.S. 50-16.9 as provided in subsections (b) through (f) of […]
§ 50-57 – Orders or judgments on award.
50-57. Orders or judgments on award. (a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be entered in conformity with the order and docketed and enforced as any other order or judgment. The court may award costs, as provided in G.S. 50-51(f), of the application and of proceedings […]
§ 50-58 – Applications to the court.
50-58. Applications to the court. Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon notice provided by law or rule of court for making and hearing motions in civil actions. Unless the parties otherwise agree in writing, notice of […]
§ 50-49 – Witnesses; subpoenas; depositions; court assistance.
50-49. Witnesses; subpoenas; depositions; court assistance. (a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, records, documents, and other evidence. Subpoenas issued by the arbitrators shall be served and, upon application to the court by a party or the arbitrators, enforced in […]