North Carolina Senate Bill 626: What You Need to Know

The North Carolina General Assembly is currently reviewing the proposed “Domestic Violence Divorce Reform Act” which aims to decrease the required time separated spouses must live separate and apart before they can be granted a divorce.

What is the Current Law?

The proposed act intends to amend  North Carolina General Statute G.S. 50-6. The current bill requires that “husband and wife” live separate and apart for one year and that one of them resides in North Carolina for at least six months before they can be divorced in North Carolina. Additionally, isolated incidents of intimate relations between the spouses do not start the one-year clock over.

What are the Proposed Changes?

The proposed act will instead require that “spouses” live separate and apart for six months and that one of them reside in North Carolina for at least six months before the spouses can be divorced. The proposed act will also allow the six-month requirement of living separate and apart to be avoided altogether if both spouses agree to waive the time requirement and there are no minor children involved. The proposed act will also prevent the six-month clock from starting over if spouses have to live together for financial reasons during the six months.

Furthermore, the proposed act will allow a spouse that is a victim of domestic violence by the other spouse to seek a divorce without meeting the six-month requirement of living separate and apart. To obtain a divorce under this domestic violence provision a spouse will have to submit a statement that they are a victim of domestic violence and evidence of domestic violence by showing at least  two of the following: (1) police, court, or State or Federal agency records or files; (2) documentation from a domestic violence program; or (3) medical or professional documents that show the spouse sought help to deal with the domestic violence.

What Does this Mean for You?

This proposed act would not be retroactive. This means current divorces that are pending are subject to the one-year requirement and will not be allowed to use the six-month requirement if the proposed act is made the new law.

This proposed act will have positive ramifications because it would reduce the required time that spouses must live separate and apart by six months. This means divorces will be able to be obtained faster, cheaper, and easier because the services that may be used during this time are cut down significantly. The proposed act also provides an exception for domestic violence victims to forgo the six-month requirement of living separate and apart all together upon the showing of the proper documents. This will help prevent the continued control, trauma, and pain suffered by victims of domestic violence when they are forced to remain legally married to an abusive spouse months after they get the strength to separate from that abusive relationship. Lastly, the proposed act takes into account economic conditions that make it hard for separated spouses to maintain or get separate housing during that separation period when finances may already be strained.

While the proposed act introduces several efficiencies, there are some potential negative ramifications. First, fast-tracking divorce could unintentionally impact the equitable distribution of marital assets and the determination of spousal support. The domestic violence provision, while well-intentioned, may result in challenges of implementation in court. Requiring victims to produce very specific, documentation-heavy proof from at least two professional sources creates a heavy evidentiary and financial burden. Conversely, some practitioners fear that the domestic violence provision may encourage exaggerated or false claims of domestic violence as a tactic to accelerate the divorce process or the gain an advantage in custodial disputes. 

How We Can Help You

  If you are thinking of divorce and you live in North Carolina reach out to us at Aligned Advocates to schedule a consultation so that our family law attorneys can help and fully inform you of what you need to know.

Article written by Kali Ward. Kali is a rising third year law student at North Carolina Central School of Law. Kali is dedicated to providing compassionate and thoughtful service and believes that effective legal representation begins with understanding each client's unique circumstances and goals.