RALEIGH, N.C. — A bill still before the legislature would cut North Carolina’s required separation period for absolute divorce from one year to six months, create faster paths for some couples and abolish two common-law claims tied to affairs.
Under Senate Bill 626, also called the Domestic Violence Divorce Reform Act, spouses seeking an absolute divorce would generally have to live separate and apart for six months instead of the current one-year requirement, reducing the mandatory separation period from 12 months to 6 months. At least one spouse would still need to have lived in North Carolina for at least six months. The six-month wait could be waived if both spouses agree, the divorce is uncontested and the couple does not have minor children.
The proposal would also change how cohabitation is treated during separation. Cohabitation for financial reasons would not stop the six-month clock, and isolated incidents of sexual intercourse would not toll the required period. Family-law attorney Janet Amburgey said shortening the general wait is not her biggest worry, but she warned that a shorter timeline could leave people unaware that certain claims must be pending before a divorce judgment is entered.
Another provision would let a domestic-violence victim seek divorce without finishing the six-month separation if their spouse committed the abuse, though the applicant would have to state that status and provide at least two forms of evidence such as law-enforcement or court records, domestic-violence program documentation or records from a medical professional. Advocates say the first year after leaving an abusive partner can be especially dangerous and that documentation hurdles may discourage filings.
The legislation would also abolish alienation of affection and criminal conversation, civil claims against third parties accused of interfering with a marriage. North Carolina remains one of only five states that still allow those homewrecker suits. Senate Bill 626 was filed in March 2025 and still must clear the General Assembly before any of the changes take effect. Pending cases would not be affected under the bill’s transition language.
