North Carolina Senate Bill 626, filed March 25, 2025, would cut the state's mandatory one-year separation period to six months, allow domestic violence victims to file for divorce immediately with no waiting period, and abolish the centuries-old "homewrecker" lawsuits — alienation of affection and criminal conversation — that North Carolina remains one of only six states to permit.
Key Facts
| Detail | Summary |
|---|---|
| What happened | NC Senate Bill 626 (Domestic Violence Divorce Reform Act) filed March 25, 2025 |
| Sponsors | Senators Bradley, Grafstein, and Smith, with co-sponsors Chitlik, Mayfield, Murdock, and Waddell |
| Current status | Referred to Senate Rules and Operations Committee on March 26, 2025 |
| Statutes affected | N.C. Gen. Stat. § 50-6 (separation period), N.C. Gen. Stat. § 50-8 (divorce procedure), N.C. Gen. Stat. § 52-13 (repealed), N.C. Gen. Stat. § 52-14 (new abolition provision) |
| Who is affected | All divorcing couples in North Carolina, domestic violence survivors, and anyone considering an alienation of affection or criminal conversation claim |
| Practical impact | Faster divorces, immediate relief for DV victims, and the end of third-party "homewrecker" liability |
What SB 626 Would Actually Change
The Domestic Violence Divorce Reform Act tackles three separate problems in a single bill. Each provision would amend different sections of North Carolina General Statutes Chapters 50 and 52.
The first change: the mandatory separation period under N.C. Gen. Stat. § 50-6 drops from 12 months to 6 months. North Carolina currently requires married couples to live "separate and apart" for a full year before either spouse can file for absolute divorce. SB 626 cuts that timeline in half. The bill also adds a complete waiver of the six-month period when both spouses consent and there are no minor children involved — meaning some uncontested divorces could proceed without any mandatory waiting period at all.
The second change creates a domestic violence exception. Survivors of spousal domestic violence could petition for divorce immediately, bypassing the six-month separation requirement entirely. The bill requires specified evidentiary standards to qualify, but the core principle is straightforward: victims should not be forced to remain legally married to their abuser for months while waiting out a clock.
The third change abolishes both alienation of affection and criminal conversation as civil causes of action. N.C. Gen. Stat. § 52-13 would be repealed, and new N.C. Gen. Stat. § 52-14 would formally end these claims going forward. Cases already filed before the effective date would not be affected.
The bill also clarifies that maintaining shared housing for financial reasons does not reset or suspend the separation clock — addressing a real source of confusion for couples who cannot afford to maintain two households.
Why This Matters Legally
North Carolina's one-year separation requirement is among the longest mandatory waiting periods in the country. Only a handful of states impose a full 12-month separation, and most states with no-fault divorce allow filing immediately or after periods ranging from 30 to 180 days. Reducing the separation period to six months would bring North Carolina closer to the national mainstream.
The domestic violence exception fills a gap that family law practitioners have flagged for years. Under current law, a spouse experiencing abuse must still satisfy the same 12-month separation requirement as everyone else. That can mean a full year of legal limbo — still married to an abuser, still entangled financially, still unable to fully move forward. An immediate filing option with evidentiary support changes that calculus entirely.
The alienation of affection and criminal conversation provisions may generate the most public attention. North Carolina is one of only six states — along with Hawaii, Mississippi, New Mexico, South Dakota, and Utah — that still recognize these so-called "heart balm" torts. These claims allow a spouse to sue a third party (typically an affair partner) for damages arising from the destruction of a marriage.
Alienation of affection verdicts in North Carolina have produced some of the largest tort judgments in state history. In 2010, a Guilford County jury awarded $9 million in Shackelford v. Lundee, one of the highest alienation of affection verdicts on record. More recently, six-figure and seven-figure verdicts have continued to make headlines. If SB 626 passes, these claims disappear for any conduct occurring after the effective date.
How North Carolina Law Currently Handles These Issues
Under current N.C. Gen. Stat. § 50-6, a court can grant an absolute divorce only after the parties have lived separate and apart for one year and one party has been a resident of North Carolina for at least six months. There is no judicial discretion to shorten this period, no exception for domestic violence, and no fast-track for uncontested cases.
Alienation of affection requires a plaintiff to prove: (1) a genuine love and affection existed between the spouses, (2) that love was alienated and destroyed, and (3) the defendant's wrongful and malicious acts caused the alienation. Criminal conversation is more straightforward — it requires proof of sexual intercourse between the defendant and the plaintiff's spouse during the marriage. Neither claim requires the plaintiff to prove the marriage would have otherwise survived.
North Carolina courts have upheld both torts repeatedly, most recently reaffirming their validity while other states have abolished them as relics of an era when wives were considered property. The North Carolina Court of Appeals has consistently held that the legislature, not the courts, is the appropriate body to eliminate these causes of action — which is exactly what SB 626 proposes to do.
Practical Takeaways
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SB 626 is in the early stages of the legislative process. It was referred to the Senate Rules and Operations Committee on March 26, 2025, and has not yet received a committee hearing. Do not make legal decisions based on proposed legislation that may change substantially or fail to pass.
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If you are currently in a one-year separation period, the existing 12-month requirement under N.C. Gen. Stat. § 50-6 still applies. Continue counting your separation time under current law unless and until SB 626 is signed into law.
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If you are a domestic violence survivor considering divorce, document everything now. Should the DV exception pass, evidentiary standards will matter. Protective orders, police reports, medical records, and 50B domestic violence protective order filings under N.C. Gen. Stat. § 50B-1 will all be relevant.
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If you are contemplating an alienation of affection or criminal conversation claim, consult an attorney promptly. The bill would not apply retroactively to cases already filed, but claims not yet filed could be barred if the law takes effect before you act.
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If you and your spouse are both ready to divorce, have no minor children, and are waiting out the separation period, this bill's consent-waiver provision could eventually allow you to proceed immediately. For now, though, the one-year requirement stands.
Frequently Asked Questions
Has North Carolina's separation period changed yet?
No. As of March 27, 2025, North Carolina still requires a full 12-month separation under N.C. Gen. Stat. § 50-6 before filing for absolute divorce. SB 626 was referred to the Senate Rules and Operations Committee on March 26, 2025, and has not yet received a hearing or vote. The current one-year requirement remains in effect.
Can domestic violence victims in North Carolina currently file for divorce without separating?
Not under current law. North Carolina requires all couples — including those involving domestic violence — to complete the full 12-month separation period before filing for absolute divorce. SB 626 would create a new exception allowing DV survivors to petition immediately with qualifying evidence, but this provision has not been enacted.
What are alienation of affection and criminal conversation claims?
Alienation of affection allows a married person to sue a third party who interfered with and destroyed the marriage relationship. Criminal conversation allows a suit based solely on proof of sexual intercourse between the third party and the plaintiff's spouse. North Carolina is one of only 6 states that still permit these claims, which have produced verdicts as high as $9 million in Guilford County.
Would SB 626 affect alienation of affection cases already filed?
No. The bill explicitly preserves pending cases filed before the effective date. Only new claims arising from conduct after enactment would be barred under the proposed N.C. Gen. Stat. § 52-14. If you have an existing alienation of affection or criminal conversation case, it would proceed under current law.
What happens if both spouses agree to divorce and have no children?
Under current law, they must still complete the full 12-month separation. SB 626 would allow consenting spouses with no minor children to waive the six-month separation period entirely, potentially allowing an immediate uncontested divorce. This consent-waiver provision would be a first for North Carolina family law.
North Carolina's family law framework has not seen a reform package this comprehensive in decades. Whether SB 626 passes as written, gets amended in committee, or stalls entirely, the conversation it has started about separation periods, domestic violence protections, and heart balm torts is one worth following closely.
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.