Charlotte Divorce Lawyer Blog
Are Divorce Changes Coming to North Carolina?
Changes to North Carolina divorce laws are under consideration. North Carolina provides for absolute divorce when couples meet the criteria. Our state currently has one of the strictest requirements of all the states, stipulating that couples must live apart for a period of at least one full year prior to filing for divorce. Most states do not have any separation requirement while in a handful of states couples must live apart for a period of time. Legislation was introduced in North Carolina that would change the divorce criteria.
What are the Current North Carolina Divorce Requirements?
To seek an absolute divorce in North Carolina, at least one of the spouses must be a resident of the state and must have resided here for at least six months immediately prior to filing. In addition, couples must reside separately for a period of a full year before they may divorce. Couples cannot live under the same roof. They must separate in order to end their marriage and do not wish to reconcile. If a couple does reconcile during the year and then decides to divorce, the one-year separation period must begin again.
Senate Bill 626
Senate Bill 626 is called the Domestic Violence Divorce Reform Act. This is legislation that, if passed, would reduce the required separation period to six months in cases where the divorce is uncontested and there are no minor children. This would be a significant change because couples who wish to divorce must currently live apart for at least a year before they may divorce. The bill is designed to provide protections for those who are victims of domestic violence.
In cases of domestic violence, the bill waives the 6-month waiting period and allows for the immediate filing for divorce. The legislation would also allow for some exceptions to the strict separate living policy. In some cases, couples may cohabitate during the separation period due to financial conditions. It also does not require the separation clock reset in situations where couples had an isolated sexual encounter.
What is the Status of Senate Bill 626?
Supporters of the bill, which was introduced by state senator Woodson Bradley, say that the bill is needed for protection of victims of domestic violence. When the law limits the ability of couples to divorce, it can be dangerous for those who are facing domestic violence. The current law has been in place for 95 years, so it is challenging to change. Proponents are focusing on bringing more attention to the potential law change to make sure that citizens help push for the passing of the legislation. Currently, the bill remains in committee. If it clears the committee, the state senate and house of representatives would need to vote to pass the bill. If passed, the governor would have to sign it into law.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.gov/BillLookup/2025/s626
https://abc11.com/post/north-carolina-divorce-reform-effort-gains-momentum/19868833/
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
Separation in North Carolina
Separation vs. Divorce in North Carolina