Domestic Violence Divorce Reform Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 626

Short Title: Domestic Violence Divorce Reform Act. (Public)
Sponsors: Senators Bradley, Grafstein, and Smith (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S626-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND SEPA RATION LAWS FOR ABSO LUTE DIVORCE AND TO 2
ABOLISH THE COMMON LAW CIVIL ACTIONS OF ALIENATION OF AFFECTION 3
AND CRIMINAL CONVERSATION. 4
The General Assembly of North Carolina enacts: 5
6
PART I. SEPARATION LAW REVISIONS 7
SECTION 1.(a) G.S. 50-6 reads as rewritten: 8
"§ 50-6. Divorce after separation of one year six months on application of either party. 9
(a) Marriages may be dissolved and the parties thereto divorced from the bonds of 10
matrimony on the application of either party, if and when the husband and wife spouses have 11
lived separate and apart for one year, six months, except as provided in subsections (b) and (c) 12
of this section, and the plaintiff or defendant in the suit for divorce has resided in the State for a 13
period of six months. 14
(b) The six-month period of separation may be waived upon agreement of both parties if 15
the divorce is uncontested and does not involve minor children. 16
(c) If a person in the marriage is a victim of domestic violence, as defined under 17
G.S. 50B-1, and the person 's spouse by marriage is responsible for committing that act of 18
domestic violence, the person who is the victim of domestic violence may seek a divorce without 19
having to meet the six-month period of separation. In making application for divorce pursuant to 20
this subsection, the application shall contain each of the following: 21
(1) A statement by the applicant that the applicant is a victim of domestic 22
violence. 23
(2) Evidence that the applicant is a victim of domestic violence, which evidence 24
shall include at least two of the following: 25
a. Law enforcement, court, or other federal or State agency records or 26
files. 27
b. Documentation from a domestic violence program, if the applicant is 28
alleged to be the victim of domestic violence. 29
c. Documentation from a medical or other professional from whom the 30
applicant has sought assistance in dealing with the alleged domestic 31
violence. 32
(d) A divorce under this section shall not be barred to either party by any defense or plea 33
based upon any provisio n of G.S. 50-7, a plea of res judicata , or a plea of recrimination. 34
Notwithstanding the provisions of G.S. 50-11, or of the common law, a divorce under this section 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 626-First Edition
shall not affect the rights of a dependent spouse with respect to alimony which have been asserted 1
in the action or any other pending action. 2
(e) Whether there has been a resumption of marital relations during the period of 3
separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse 4
between the parties or cohabitation for financial reasons shall not toll the statutory period required 5
for divorce predicated on separation of one year.six months." 6
SECTION 1.(b) G.S. 50-8 reads as rewritten: 7
"§ 50-8. Contents of complaint; verification; venue and service in action by nonresident; 8
certain divorces validated. 9
In all actions for divorce the complaint shall be verified in accordance with the provisions of 10
Rule 11 of the Rules of Civil Procedure and G.S. 1-148. The plaintiff shall set forth in his or her 11
complaint that the complainant or defendant has been a resident of the State of North Carolina 12
for at least six months next preceding the filing of the complaint, and that the facts set forth 13
therein as grounds for divorce, except in actions for divorce from bed and board, have existed to 14
his or her knowledge for at least six months prior to the filing of the complaint: Provided, 15
however, that if the cause for divorce is one-year six-month separation, then it shall not be 16
necessary to allege in the complaint that th e grounds for divorce have existed for at least six 17
months prior to the filing of the complaint; it being the purpose of this proviso to permit a divorce 18
after such separation of one year six months without awaiting an additional six months for filing 19
the complaint: Provided, further, that if the complainant is a nonresident of the State action shall 20
be brought in the county of the defendant's residence, and summons served upon the defendant 21
personally or service of summons accepted by the defendant persona lly in the manner provided 22
in G.S. 1A-1, Rule 4(j)(1). Notwithstanding any other provision of this section, any suit or action 23
for divorce heretofore instituted by a nonresident of this State in which the defendant was 24
personally served with summons or in which the defendant personally accepted service of the 25
summons and the case was tried and final judgment entered in a court of this State in a county 26
other than the county of the defendant's residence, is hereby validated and declared to be legal 27
and proper, the same as if the suit or action for divorce had been brought in the county of the 28
defendant's residence. 29
…." 30
SECTION 1.(c) This section does not affect cases pending when this act becomes 31
law. 32
33
PART II. ABOLISH ALIENATION OF AFFECTION/CRIMINAL CONVERSATION 34
SECTION 2.(a) G.S. 52-13 is repealed. 35
SECTION 2.(b) Chapter 52 of the General Statutes is amended by adding a new 36
section to read: 37
"§ 52-14. Abolish causes of action for alienation of affection; criminal conversation. 38
The common-law causes of action for alienation of affection and criminal conversation are 39
abolished." 40
SECTION 2.(c) This section does not affect cases pending when this act becomes 41
law. 42
43
PART III. EFFECTIVE DATE 44
SECTION 3. Except as otherwise provided, this act is effective when it becomes law 45
and applies to actions commenced on or after that date. 46