North Carolina Senate Bill 626, introduced in the 2025 legislative session, would reshape the state's divorce landscape by cutting the mandatory separation period from 12 months to 6 months, creating a zero-wait divorce path for domestic violence survivors, and abolishing alienation of affection and criminal conversation lawsuits that have produced multi-million-dollar verdicts against third parties in North Carolina courts.
| Key Facts | Details |
|---|---|
| What happened | NC Senate Bill 626 filed to reform divorce and abolish heart balm torts |
| Current law | N.C. Gen. Stat. § 50-6 requires 12 months of continuous separation before filing |
| Proposed change | Separation period reduced to 6 months; DV victims get immediate filing |
| Alienation of affection | Would be abolished entirely under SB 626 |
| States still allowing these claims | North Carolina, Mississippi, New Mexico, South Dakota, Utah, Hawaii |
| Potential impact | Affects all pending and future divorce filings in North Carolina |
SB 626 Tackles Three of North Carolina's Most Criticized Family Law Provisions at Once
North Carolina's divorce code has long been an outlier. The state is one of only two jurisdictions (along with South Carolina, which requires a full year for fault-based and one year for no-fault) that forces couples to live apart for a full 12 months before either spouse can file for absolute divorce under N.C. Gen. Stat. § 50-6. SB 626 attacks this requirement head-on by proposing a reduction to six months, which would bring North Carolina closer to the majority of states that impose separation periods of six months or less, or none at all.
The bill goes further by creating a dedicated fast-track provision for survivors of domestic violence. Under the proposed language, a spouse who has obtained a valid domestic violence protective order (DVPO) under N.C. Gen. Stat. Chapter 50B would be permitted to file for divorce immediately, with no separation period required. North Carolina courts issued approximately 27,000 DVPOs in fiscal year 2023-2024, according to the NC Administrative Office of the Courts, meaning a significant number of individuals could potentially benefit from this expedited pathway.
The third prong of SB 626 is the one generating the most public attention: the abolition of alienation of affection and criminal conversation causes of action. North Carolina is one of only six states that still recognizes these so-called "heart balm" torts, which allow a spouse to sue a third party (typically an affair partner) for interfering with the marriage.
North Carolina's Alienation of Affection Lawsuits Have Produced Enormous Verdicts
North Carolina's heart balm torts are not theoretical relics. They are actively litigated and have produced some of the largest personal injury-style verdicts in the state's civil courts. In 2010, a Guilford County jury awarded $9 million in an alienation of affection case. In 2019, a jury in Pitt County returned a $750,000 verdict. These cases create real financial exposure for anyone alleged to have conducted an affair with a married person in North Carolina.
Under current law, alienation of affection requires the plaintiff-spouse to prove three elements: (1) the marriage had genuine love and affection, (2) that love and affection was destroyed, and (3) the defendant's wrongful and malicious conduct caused the destruction. Criminal conversation is a separate, simpler tort that requires only proof that the defendant had sexual intercourse with the plaintiff's spouse during the marriage. Unlike alienation of affection, criminal conversation is essentially a strict liability claim once the sexual relationship is established.
SB 626 would repeal both causes of action entirely. If enacted, North Carolina would join the 44 states that have already abolished these claims, leaving only Mississippi, New Mexico, South Dakota, Utah, and Hawaii as the remaining holdouts.
How Current North Carolina Divorce Law Works and What Would Change
Under N.C. Gen. Stat. § 50-6, North Carolina currently requires that spouses live separate and apart for one year and one day before either party can file for absolute divorce. The separation must be continuous, meaning any reconciliation attempt that includes cohabitation restarts the clock entirely. Courts have interpreted this strictly: even a single night under the same roof can, in some circumstances, reset the 12-month period.
SB 626 would amend this statute to require only six months of separation. For a couple that separates on January 1, 2026, the difference is stark: under current law, the earliest possible filing date would be January 2, 2027, while under SB 626, that date moves to July 1, 2026, saving six full months of legal limbo.
The domestic violence fast-track provision is arguably the most consequential piece of the bill for vulnerable populations. Currently, a spouse fleeing domestic violence must still wait the full 12-month separation period before obtaining a divorce, even if a DVPO is in place. During that waiting period, the abusive spouse retains certain marital rights and the victim remains legally married, which can complicate housing applications, insurance coverage, financial independence, and safety planning. SB 626 would eliminate this waiting period entirely for DVPO holders, aligning North Carolina with states like Washington and Oregon that already allow immediate no-fault divorce filing.
North Carolina law already permits courts to address equitable distribution of property under N.C. Gen. Stat. § 50-20, alimony under N.C. Gen. Stat. § 50-16.3A, and child custody under N.C. Gen. Stat. § 50-13.2 as separate claims from the divorce itself. SB 626 does not appear to modify these provisions, meaning property division, support, and custody disputes would continue to be resolved on their own timelines regardless of when the divorce is granted.
Practical Takeaways for North Carolina Residents
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SB 626 has not been enacted. The bill was introduced and referred to committee. North Carolina residents must still comply with the current 12-month separation requirement under N.C. Gen. Stat. § 50-6 until and unless the bill becomes law.
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If you are currently separated, document your separation date carefully. Whether the required period ends up being 6 months or 12 months, courts require clear evidence of the date separation began and that it was continuous. A signed separation agreement with a specific date is the strongest proof.
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Domestic violence survivors with active DVPOs should monitor this bill closely. If the fast-track provision passes, it would allow immediate divorce filing without any separation period, which could dramatically accelerate safety planning and financial independence.
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Anyone currently involved in or contemplating an alienation of affection or criminal conversation lawsuit should consult an attorney immediately. If SB 626 passes, these claims would be abolished, and the bill's effective date and treatment of pending cases would determine whether existing lawsuits survive.
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The bill's passage is not guaranteed. Similar reform efforts have been introduced in past North Carolina legislative sessions without advancing. Political dynamics around family values, tort reform, and domestic violence advocacy will all influence whether SB 626 reaches the governor's desk.
Frequently Asked Questions
Is SB 626 already law in North Carolina?
No. SB 626 was introduced in the 2025 session and referred to committee. North Carolina's current 12-month separation requirement under N.C. Gen. Stat. § 50-6 remains fully in effect. The bill must pass both the Senate and House and be signed by the governor before any changes take effect.
How long do I have to be separated to file for divorce in North Carolina right now?
North Carolina currently requires 12 months and one day of continuous separation before either spouse can file for absolute divorce under N.C. Gen. Stat. § 50-6. If SB 626 passes, that period would drop to 6 months. Any overnight cohabitation during the separation period restarts the clock under current case law.
Can I still sue my spouse's affair partner in North Carolina?
Yes, as of March 2026, North Carolina remains one of only 6 states that allow alienation of affection and criminal conversation lawsuits against third parties. These claims have produced verdicts exceeding $9 million. SB 626 would abolish both causes of action if enacted, joining the 44 states that have already eliminated them.
Would domestic violence victims really be able to divorce immediately under SB 626?
Yes. SB 626 proposes that a spouse holding a valid domestic violence protective order under N.C. Gen. Stat. Chapter 50B could file for absolute divorce with no separation period. Approximately 27,000 DVPOs are issued annually in North Carolina, according to the NC Administrative Office of the Courts.
Does SB 626 change how property is divided or how custody is determined?
No. SB 626 focuses on the divorce itself, not on equitable distribution under N.C. Gen. Stat. § 50-20 or child custody under N.C. Gen. Stat. § 50-13.2. Property division, alimony, and custody are resolved as separate claims and would continue to follow existing North Carolina law regardless of when the divorce is granted.
North Carolina's divorce laws are among the most restrictive in the country. SB 626 represents the most comprehensive reform proposal the state has seen in years, touching the separation period, domestic violence protections, and century-old tort claims in a single bill. Whether the legislature has the appetite to pass all three provisions remains an open question.
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.