Domestic Violence Divorce Reform Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1070

Short Title: Domestic Violence Divorce Reform Act. (Public)
Sponsors: Representatives Buansi, Johnson-Hostler, Charles Smith, and Turner (Primary
Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 29, 2026
*H1070-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND SEPARATION LAWS FOR ABSOLUTE DIVORCE. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 50-6 reads as rewritten: 4
"§ 50-6. Divorce after separation of one year on application of either party. 5
(a) Marriages may be dissolved and the parties thereto divorced from the bonds of 6
matrimony on the application of either party, if and when the husband and wife have lived 7
separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided 8
in the State for a period of six months. A divorce under this section shall not be barred to either 9
party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a 10
plea of recrimination. Notwithstanding the prov isions of G.S. 50-11, or of the common law, a 11
divorce under this section shall not affect the rights of a dependent spouse with respect to alimony 12
which have been asserted in the action or any other pending action. 13
(b) If a person in the marriage is a vict im of domestic violence, as defined under 14
G.S. 50B-1, and the person 's spouse by marriage is responsible for committing that act of 15
domestic violence, the person who is the victim of domestic violence may seek a divorce without 16
having to meet the one-year period of separation. In making application for divorce pursuant to 17
this subsection, the applicant shall have divorce granted by satisfying one of the following: 18
(1) Entering of a Domestic Violence Protection order with findings, against the 19
person's sp ouse by marriage who is responsible for committing that act of 20
domestic violence. 21
(2) Entering of a conviction for a domestic violence-related offense of the person's 22
spouse by marriage who is responsible for committing that act of domestic 23
violence. 24
(3) By order of a judge following an evidentiary hearing that includes 25
consideration of factors, including, but not limited to, the following: 26
a. Law enforcement, court, or other federal or State agency records or 27
files. 28
b. Documentation from a domestic violence program, if the applicant is 29
alleged to be the victim of domestic violence. 30
c. Documentation from a medical or other professional from whom the 31
applicant has sought assistance in dealing with the alleged domestic 32
violence. 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1070-First Edition
(c) Whether there has been a resumption of marital relations during the period of 1
separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse 2
between the parties shall not toll the statutory period required for divorce predicated on separation 3
of one year." 4
SECTION 2. This act does not affect cases pending when this act becomes law. 5
SECTION 3. There is appropriated from the General Fund to the Office of State 6
Budget and Management the sum of fifty thousand dollars ($50,000) in nonrecurring funds for 7
the 2026-2027 fiscal year to provide a directed grant to The Women's Center, Inc., a nonprofit 8
organization doing business as Compass Center, to be used to support victims of domestic 9
violence. 10
SECTION 4. Except as otherwise provided, this act is effective when it becomes law 11
and applies to actions commenced on or after that date. 12