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Correction: NC SB 836 Is Not Law; Alienation Suits Continue

Correction notice: NC Senate Bill 836 has not been enacted. Alienation of affection claims remain legal and the one-year separation period is unchanged.

By Antonio G. Jimenez, Esq.North Carolina5 min read

Correction (September 11, 2026): An earlier version of this article reported that North Carolina Senate Bill 836 was "effective July 1, 2026," that it had been "signed" during the 2025-2026 session, and that it enacted a new G.S. 52-14 abolishing alienation of affection and criminal conversation. All of that was wrong.

Senate Bill 836 has not been enacted. It was filed April 27, 2026, passed its first reading April 28, 2026, and was re-referred to the Senate Appropriations/Base Budget Committee the same day. It has not passed the Senate, been ratified, or been signed. There is no N.C. Gen. Stat. § 52-14.

North Carolina law is unchanged:

  • Alienation of affection and criminal conversation remain available, governed by N.C. Gen. Stat. § 52-13, including its three-year limitation period and its bar on claims arising from post-separation conduct.
  • Absolute divorce still requires one year of separation under N.C. Gen. Stat. § 50-6. There is no six-month option and no domestic violence exception in current law.

The July 1, 2026 date in the earlier version came from Part III of the bill, a $3 million Medicaid Family Planning appropriation, and was incorrectly applied to the bill as a whole.

For a full and accurate account of what the bill would do if it passes, and what North Carolina law requires today, see NC Alienation of Affection Still Legal; S836 Remains Pending. The authoritative record of the bill's progress is the official bill page.

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.

Key Questions

When does North Carolina SB 836 take effect?

North Carolina's SB 836 takes effect July 1, 2026. On that date, domestic violence victims may seek absolute divorce without the standard one-year separation under GS 50-6, and new GS 52-14 abolishes alienation-of-affection and criminal-conversation tort claims for conduct going forward.

Can a domestic violence victim divorce immediately in North Carolina under SB 836?

Effective July 1, 2026, SB 836 lets a qualifying domestic violence victim file for absolute divorce before completing the one-year separation required by GS 50-6. The petitioner must meet the evidentiary standards the act sets, which align with North Carolina's Chapter 50B domestic violence definitions.

Does SB 836 end alienation-of-affection lawsuits in North Carolina?

Yes. New GS 52-14, effective July 1, 2026, abolishes alienation-of-affection and criminal-conversation claims going forward. North Carolina was one of the few states still allowing these torts, which had produced verdicts exceeding $1 million. The change applies prospectively, so pre-2026 claims may survive.

What evidence proves domestic violence for a North Carolina divorce under SB 836?

SB 836 sets evidentiary standards aligned with North Carolina's Chapter 50B framework. Helpful proof includes a 50B protective order, police reports, medical records, and dated documentation of injury or credible threats. A prior protective order strengthens the claim but is not a strict statutory prerequisite.

Does SB 836 change North Carolina's one-year separation requirement for everyone?

No. The one-year-and-a-day separation requirement under GS 50-6 still governs most North Carolina divorces. SB 836 creates only a targeted exception for domestic violence victims effective July 1, 2026. Couples without a qualifying abuse claim must still complete the full separation period before filing.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 · Founder of Divorce.law

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