Wilmington's Trusted

Divorce Attorneys

Could North Carolina’s One-Year Separation Requirement for Divorce Be Changing?  North Carolina law currently requires most married couples to live separate and apart for at least one year before either spouse can file for an absolute divorce. That requirement could change significantly under legislation currently pending in the North Carolina General Assembly. The proposed Senate Bill 626, titled the Domestic Violence Divorce Reform Act, would shorten North Carolina’s separation requirement, create exceptions that could allow some spouses to divorce without waiting six months, and eliminate claims for alienation of affection and criminal conversation. Since Senate Bill 626 was introduced in March 2025, Senator Woodson Bradley has introduced Senate Bill 836, a newer version of the Domestic Violence Divorce Reform Act that carries forward the same proposed changes discussed below. Senate Bill 836 was filed in April 2026 and is currently pending in the Senate Appropriations/Base Budget Committee. While these proposals have recently received significant media attention, they have not become law. For now, North Carolina’s existing divorce requirements remain in effect. What Does North Carolina Law Currently Require? Under current North Carolina law, spouses generally must live separate and apart for at least one year before filing for an absolute divorce. At least one spouse must also have been a resident of North Carolina for at least six months before the divorce action is filed. “Separate and apart” means that the spouses are living in different residences and that at least one spouse intends for the separation to be permanent. Importantly, couples do not have to wait until the one-year separation period expires to address other issues arising from their separation. Matters such as child custody, child support, postseparation support, alimony, and equitable distribution may be addressed while the parties remain legally married. In fact, the claims for equitable distribution and spousal support must be pending prior to the entry of a divorce judgment or the claims are destroyed. What Would the Proposed Law Change? The pending legislation would make several substantial changes to North Carolina divorce law. 1. Reduce the Separation Period From One Year to Six Months The most significant change for many separating couples would be reducing the required period of separation from one year to six months. If enacted, a spouse could then seek an absolute divorce after the parties had lived separate and apart for six months rather than waiting a full year. 2. Allow Some Uncontested Divorces Without a Six-Month Wait The proposal would also allow the six-month separation requirement to be waived by agreement of both spouses when the divorce is uncontested and the marriage does not involve minor children. This would substantially accelerate the divorce process for spouses who agree that their marriage should end and do not have minor children. However, it will be particularly important in these instances for the parties to confirm their rights to spousal support and equitable distribution are preserved or those issues are otherwise resolved prior to entry of the divorce judgment. 3. Create an Exception for Victims of Domestic Violence The proposed law would also create an exception to the separation period for certain victims of domestic violence. Under the current version of the bill, a spouse who is a victim of domestic violence committed by the other spouse could seek a divorce without satisfying the six-month separation requirement. The person seeking the divorce would be required to provide specified evidence supporting the domestic-violence allegation, including documentation from at least two qualifying sources, such as court or law-enforcement records, a domestic-violence program, or a medical or other professional. This would represent a significant departure from existing North Carolina law, which generally requires the same period of separation before an absolute divorce regardless of the circumstances that caused the marriage to end. For victims of domestic violence, eliminating the waiting period could provide an important avenue to legally end the marriage sooner. At the same time, the ability to obtain an absolute divorce more quickly makes it especially important for a spouse to understand and preserve any other legal rights arising from the marriage before the divorce is entered. Under North Carolina law, certain claims such as equitable distribution and spousal support can be lost if they are not properly asserted before entry of an absolute divorce. A shortened path to divorce should therefore be considered alongside these related financial rights so that a victim seeking to end the marriage promptly does not inadvertently give up claims that may provide important financial protection and stability moving forward. The Proposal Would Also Eliminate Alienation of Affection and Criminal Conversation Claims The legislation goes beyond changing the waiting period for divorce. It would also abolish North Carolina’s civil causes of action for alienation of affection and criminal conversation, sometimes referred to as “heart balm” claims. North Carolina is one of only a few states that continue to recognize these claims. Generally, alienation of affection permits a spouse to pursue a civil claim against a third party alleged to have wrongfully interfered with the marital relationship. Criminal conversation is a separate claim involving sexual intercourse between the plaintiff’s spouse and a third party during the marriage. If the legislation becomes law as currently written, both causes of action would be abolished for new cases. The bill specifically provides that the change would not affect cases already pending when the legislation becomes law. Has the Law Changed Yet? No. As of September 2026, North Carolina still requires spouses seeking an absolute divorce based on separation to live separate and apart for one year. The proposed legislation remains under consideration by the North Carolina General Assembly. Until legislation is passed and becomes effective, separating spouses should continue to plan based on the existing one-year requirement. Considering Separation or Divorce in North Carolina? Whether the waiting period is one year or six months, the entry of an absolute divorce can affect important legal rights. Before filing, it is important to consider whether there are unresolved issues involving property division, retirement accounts, debts, spousal support, child custody, or child support. As noted above, certain claims must be properly asserted before the entry of an absolute divorce judgment or they may be lost. That is one reason it can be important to speak with a North Carolina family law attorney before filing for divorce, even when both spouses agree that they want to be divorced. If the required separation period is ultimately shortened, that advice could become even more important because separating spouses may have a much shorter window in which to identify and preserve their financial claims. If you are considering separation or divorce in North Carolina, the attorneys at Russell Family Law & Litigation can help you understand your rights, determine which claims may need to be preserved, and develop a plan for moving forward.

North Carolina courts generally calculate child support using the statewide Child Support Guidelines . These guidelines are designed to create consistency and fairness while considering the needs of the child and the financial circumstances of both parents. The court examines factors such as: Each parent’s gross income Health insurance costs for the child and who is paying them Childcare expenses and who is paying them Existing support obligations a parent may have The amount of time the child spends with each parent The court seeks to understand each parent’s overall financial picture when determining support. The amount of parenting time can significantly affect child support calculations. North Carolina uses different worksheets depending on the custody arrangement: Primary Custody: One party has physical custody of all of the children for whom support is being determined for 243 nights or more during the year. Shared Custody: Both parties have at least 123 overnights per year with the child. Split Custody: Cases in which one parent has primary custody of at least one of the children for whom support is being determined and the other parent has primary custody of the other child or children. Different worksheets can produce substantially different support obligations, so it’s important to ensure you are using the correct Worksheet for your family’s circumstances. Every family situation is unique, and the Child Support Worksheets may not accurately reflect your family’s circumstances. In certain situations, the court may also deviate from the Child Support Guidelines when application of the guidelines would be inappropriate or unjust. If you have questions about child support calculations, modifications, or enforcement , speaking with an experienced family law attorney can help you better understand your rights and obligations under North Carolina law. The attorneys at Russell Family Law & Litigation are available to discuss your situation and provide guidance tailored to your family’s needs. Contact our office to schedule a consultation today.