North Carolina Senate Bill 626, filed on March 25, 2025, would cut the state's mandatory one-year separation period in half to six months, allow uncontested couples without minor children to waive the waiting period entirely, let domestic violence victims bypass separation altogether, and abolish North Carolina's controversial alienation of affection and criminal conversation causes of action. If passed, this is the most significant overhaul of North Carolina divorce law in decades.
| Key Facts | Details |
|---|---|
| What happened | NC Senate Bill 626 filed to reform divorce separation requirements and abolish fault-based torts |
| When | Filed March 25, 2025 (2025-2026 legislative session) |
| Official title | Domestic Violence Divorce Reform Act |
| Sponsors | Senators Bradley, Grafstein, and Smith |
| Statutes affected | N.C.G.S. Chapter 50 (divorce) and N.C.G.S. Chapter 52 (alienation of affection) |
| Key change | Separation period reduced from 12 months to 6 months, with waiver and DV exceptions |
SB 626 Would Fundamentally Reshape How North Carolinians Divorce
North Carolina currently requires married couples to live separate and apart for a full 12 months before filing for absolute divorce under N.C.G.S. § 50-6. That one-year separation period has been the law for decades, and North Carolina is one of only a handful of states imposing a waiting period that long. Senate Bill 626, officially titled the "Domestic Violence Divorce Reform Act," would change that in three major ways.
First, the bill reduces the mandatory separation period from 12 months to 6 months for all divorcing couples. That alone would save thousands of North Carolina families roughly six months of legal limbo each year. According to the U.S. Census Bureau's 2022 American Community Survey, North Carolina had approximately 3.1 divorces per 1,000 residents, which translates to roughly 32,000 to 35,000 divorces annually. Every one of those couples currently must wait a full year.
Second, the bill creates a complete waiver of the separation period for couples who meet two conditions: the divorce is uncontested, and there are no minor children involved. For those couples, divorce could proceed immediately upon filing, no waiting period required.
Third, and perhaps most critically, domestic violence victims would be able to file for divorce without meeting any separation requirement at all. Under current law, a spouse fleeing abuse still has to wait 12 months before obtaining a divorce. SB 626 recognizes what family law practitioners have argued for years: forcing a DV victim to remain legally married to their abuser for a full year serves no legitimate public interest.
The End of Alienation of Affection in North Carolina
The second half of SB 626 is equally significant. The bill would abolish both alienation of affection and criminal conversation as causes of action in North Carolina. These are the so-called "homewrecker" lawsuits that allow a spouse to sue a third party for interfering with the marriage.
North Carolina is currently one of only six states (along with Hawaii, Mississippi, New Mexico, South Dakota, and Utah) that still recognize alienation of affection claims. Under existing N.C.G.S. § 52-13, a spouse can bring a civil lawsuit against a person who allegedly destroyed the marital relationship through improper conduct, including but not limited to an affair.
These claims have produced some eye-catching verdicts in North Carolina courts. In 2019, a Guilford County jury awarded $8.8 million in an alienation of affection case, one of the largest such verdicts in the country. In 2010, a Pitt County jury awarded $9 million. These cases regularly generate headlines, but legal scholars and reform advocates have long argued that the doctrine is an outdated relic of coverture-era law that treated wives as their husbands' property.
SB 626 would eliminate these claims going forward, though the bill includes a critical grandfather provision: cases already filed before the effective date would proceed under existing law. Anyone currently involved in an alienation of affection or criminal conversation lawsuit would not have their pending case dismissed.
What the Financial Cohabitation Clarification Means
One underappreciated provision in SB 626 addresses a recurring problem in North Carolina separation cases. The bill specifies that living together for financial reasons does not pause or reset the separation clock.
Under current North Carolina law, N.C.G.S. § 50-6 requires that spouses live "separate and apart" for the full separation period. Courts have interpreted isolated instances of sexual relations during separation as potentially resetting the clock under N.C.G.S. § 50-5.1, which addresses resumption of marital relations. This has created real hardship for couples who cannot afford to maintain two separate households, particularly given that the median household income in North Carolina was $66,186 in 2023 according to Census data.
The clarification in SB 626 would protect couples who share a residence out of economic necessity. If both spouses continue living in the same home purely for financial reasons while otherwise maintaining separate lives, the six-month clock would continue to run.
Practical Takeaways for North Carolina Residents
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SB 626 has been filed but has not yet been passed into law. The current 12-month separation requirement under N.C.G.S. § 50-6 remains in full effect as of March 2025. Do not assume the law has changed.
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If you are currently in your separation year and the bill passes, consult a North Carolina family law attorney about whether the reduced six-month period would apply retroactively to your situation.
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Domestic violence victims should know that even under current law, North Carolina offers a divorce from bed and board under N.C.G.S. § 50-7 that does not require a full separation period. SB 626 would expand protections further by allowing absolute divorce without any separation wait.
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If you are currently pursuing or considering an alienation of affection claim, the grandfather provision means pending cases would survive. However, if you have not yet filed, the window may close if SB 626 passes.
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Track the bill's progress through the North Carolina General Assembly website or contact your state senator. Legislative timelines vary, and amendments could change key provisions before any final vote.
Frequently Asked Questions
Has North Carolina's separation period already been reduced to 6 months?
No. As of March 2025, Senate Bill 626 has been filed but not enacted. The current requirement under N.C.G.S. § 50-6 is still a full 12-month separation period. The bill must pass both the North Carolina Senate and House and be signed by the Governor before it becomes law.
Can I skip the separation period entirely under SB 626?
Under the proposed bill, only two categories of couples could bypass the separation requirement entirely: (1) couples with an uncontested divorce and no minor children, who can waive the period by mutual agreement, and (2) domestic violence victims who can demonstrate abuse through the evidentiary standards established in the legislation.
What happens to alienation of affection cases already filed in North Carolina?
SB 626 includes a grandfather clause protecting pending cases. If an alienation of affection or criminal conversation lawsuit has already been filed before the law takes effect, that case proceeds under the existing rules. The abolishment applies only to new filings after the effective date.
Does living in the same house during separation reset the clock in North Carolina?
Under current law, courts scrutinize whether couples have truly lived "separate and apart" during the 12-month period, and resumption of marital relations under N.C.G.S. § 50-5.1 can reset the timeline. SB 626 would clarify that sharing a residence for financial reasons alone does not pause the six-month separation clock.
How much money can you win in a North Carolina alienation of affection lawsuit?
North Carolina juries have awarded substantial damages in alienation of affection cases, including an $8.8 million verdict in Guilford County (2019) and a $9 million verdict in Pitt County (2010). There is no statutory cap on damages. However, if SB 626 passes, no new alienation of affection claims could be filed after the effective date.
Find a divorce attorney in North Carolina who can help you understand how these proposed changes may affect your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.