10/15/2026
North Carolina requires spouses to live apart for a full year before a can be finalized. A proposed bill aims to change that.
Senate Bill 626, the Domestic Violence Divorce Reform Act, would modernize a separation requirement that dates back to 1931. Key provisions include:
- Reducing the separation period from one year to six months
- Waiving it entirely for domestic violence victims with supporting documentation
- Allowing both spouses to waive it in uncontested cases without minor children
- Eliminating the state's alienation of affection law
The domestic violence provision is especially significant. A year-long wait can keep vulnerable spouses legally tied to an unsafe situation far longer than necessary.
New York already takes a more streamlined approach. There's no mandatory separation period for a no-fault divorce. One spouse simply needs to state under oath that the marriage has been irretrievably broken for at least six months, and the divorce can be finalized once financial and custody matters are resolved.
Read the full article from WECT here: https://hubs.la/Q04BgcLL0
Learn more about New York divorce: https://hubs.la/Q04BgcPp0
A bill moving through the North Carolina Senate would shorten the state’s required separation period for divorce from one year to six months and eliminate the state’s alienation of affection law.