North Carolina Senate Bill 626, filed March 25, 2025, would allow domestic violence victims to divorce immediately without completing the state's mandatory one-year separation period, while reducing the standard separation requirement from 12 months to 6 months for all couples and abolishing the state's controversial alienation of affection and criminal conversation laws that generated over 400 lawsuits last year alone.
Key Facts: NC Senate Bill 626
| Element | Details |
|---|---|
| Bill Number | Senate Bill 626 |
| Filed | March 25, 2025 |
| Current Status | Referred to Rules and Operations of the Senate (March 26, 2025) |
| Primary Sponsors | Senators Bradley, Grafstein, Smith |
| Co-Sponsors | Senators Chitlik, Mayfield, Murdock, Waddell (all Democrats) |
| Statutes Affected | N.C.G.S. § 50-6, N.C.G.S. § 50-8, N.C.G.S. § 52-13, N.C.G.S. § 52-14 |
Why This Matters Legally
North Carolina currently has one of the strictest separation requirements in the United States. Under N.C.G.S. § 50-6, couples must live in separate homes for at least 365 continuous days before either spouse can file for absolute divorce. There are no exceptions for mutual consent, domestic violence, adultery, or any other circumstances.
This mandatory waiting period creates documented hardships for domestic violence survivors. A victim who flees an abusive spouse must wait a full year while potentially navigating shared finances, custody arrangements, and ongoing legal entanglement with their abuser. During this period, the abuser retains certain marital rights that complicate the victim's ability to move forward safely.
SB 626 would fundamentally change this framework by creating three distinct pathways to divorce:
- Standard Track: Six months of separation (reduced from 12 months)
- Expedited Track: Immediate divorce with mutual consent, no minor children, and uncontested terms
- Domestic Violence Track: Immediate divorce upon documented evidence of abuse
The bill also includes a practical provision addressing economic reality: cohabitation for financial reasons would not toll or reset the separation period. This acknowledges that many divorcing couples cannot afford separate households immediately.
How North Carolina Law Currently Handles This
Under current N.C.G.S. § 50-6, the one-year separation requirement applies universally. While domestic violence victims can obtain emergency 50B protective orders within 24-72 hours that address immediate safety, temporary custody, and support, these orders do not accelerate the divorce timeline itself.
The state requires both spouses to live in different homes with at least one spouse intending the separation to be permanent. Any period of reconciliation or cohabitation resets the one-year clock entirely.
North Carolina courts may waive mandatory custody mediation in domestic violence cases, but they cannot waive the separation requirement regardless of circumstances. This makes North Carolina an outlier compared to states that provide domestic violence exceptions or allow uncontested divorces without separation periods.
The bill would amend N.C.G.S. § 50-8 to establish specific evidentiary requirements for domestic violence claims. While the full evidentiary standards are detailed in the bill text, they will require documented evidence of abuse rather than mere allegations.
The End of Alienation of Affection in North Carolina
Perhaps equally significant, SB 626 would abolish North Carolina's alienation of affection and criminal conversation laws by repealing N.C.G.S. § 52-13 and enacting new N.C.G.S. § 52-14.
North Carolina is currently one of only six states that still allow these "heartbalm" lawsuits, joining Hawaii, Mississippi, New Mexico, South Dakota, and Utah. Forty-three states and the District of Columbia have abolished them.
These laws allow a spouse to sue a third party who allegedly interfered with their marriage. Alienation of affection targets anyone who "alienated" a spouse's love, while criminal conversation specifically addresses adultery.
The lawsuits remain surprisingly common. According to WRAL, more than 400 alienation of affection and criminal conversation lawsuits were filed in North Carolina last year alone. Recent high-profile cases include a $1.75 million verdict against TikTok influencer Brenay Kennard in Durham County in 2024.
The 2017 North Carolina Supreme Court ruled that only the legislature could abolish these causes of action. Despite multiple attempts, prior bills have failed. SB 626 would protect pending cases filed before the effective date while eliminating future lawsuits.
Practical Takeaways
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The bill is currently in committee with only Democratic sponsors (7 total), meaning its passage is uncertain in North Carolina's divided legislature
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If enacted, domestic violence victims would need to prepare documented evidence meeting specific evidentiary standards to qualify for immediate divorce
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The six-month standard separation would still require living apart, but cohabitation for financial necessity would not reset the clock
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Couples without minor children who agree on all terms could potentially divorce immediately upon mutual consent
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Existing alienation of affection lawsuits would continue, but no new suits could be filed after the effective date
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The $225 divorce filing fee (which includes a $75 surcharge for the Domestic Violence Center Fund under G.S. 7A-305(a2)) would remain unchanged
Frequently Asked Questions
Can I divorce immediately in North Carolina if I am a domestic violence victim?
Not currently. As of March 2025, North Carolina law requires 365 days of separation with no exceptions. Senate Bill 626 would create a domestic violence exception if passed, but the bill is only in committee and has not been enacted. Victims can obtain 50B protective orders within 24-72 hours for immediate safety needs.
When would the new six-month separation period take effect?
SB 626 does not specify an effective date in currently available summaries. Bills in North Carolina typically take effect upon ratification or on a specified future date. The bill was referred to the Rules and Operations Committee on March 26, 2025, and must pass both chambers before taking effect.
Would the bill eliminate my right to sue for alienation of affection?
If SB 626 passes, new alienation of affection and criminal conversation lawsuits would be prohibited. However, pending cases filed before the effective date would continue. North Carolina saw over 400 such lawsuits filed last year, including verdicts exceeding $1.5 million.
What evidence would I need to prove domestic violence for immediate divorce?
SB 626 establishes evidentiary requirements, though specific standards are detailed in the full bill text. Documentation such as protective orders, police reports, medical records, or other documented evidence of abuse would likely be required rather than allegations alone.
Can my spouse and I agree to divorce without waiting if we have no children?
Under current law, no. Both spouses must wait 365 days regardless of mutual consent. SB 626 would allow immediate divorce with mutual consent if the divorce is uncontested and involves no minor children. This provision, if enacted, would align North Carolina with states that permit streamlined uncontested divorces.
Connect with a North Carolina divorce attorney to discuss how current law and potential changes may affect your situation.
This article discusses recent legislation 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.