North Carolina May Be Changing Its Divorce Waiting Period — Here's What You Need to Know

If you've ever wondered why North Carolina requires a full year of separation before you can file for divorce, you're not alone. It's one of the most common questions we hear — and it's also one of the things a proposed new law would change. Here's what's happening in the legislature and what it could mean for you.

What the Law Says Right Now

Under current North Carolina law, spouses must live completely apart for one continuous year, with at least one spouse intending the separation to be permanent, before a court can grant an absolute divorce under N.C. Gen. Stat. § 50-6. There are no shortcuts, even in cases involving domestic violence, infidelity, or abandonment. The full year is required regardless of the circumstances.

What the Proposed Legislation Would Change

Two related bills are currently moving through the North Carolina General Assembly — Senate Bill 626, filed March 25, 2025, and Senate Bill 836, filed April 27, 2026 — both carrying the name the Domestic Violence Divorce Reform Act. The proposals share three significant changes:

Cutting the separation period in half. Both bills would reduce the mandatory separation period from one year to six months. To put that in practical terms: for a couple that separates on January 1, 2026, the earliest possible filing date under current law would be January 2, 2027 — while under the proposed change, that date moves to July 1, 2026, saving six full months of legal limbo.

Waiving the separation period entirely in some uncontested cases. The six-month separation period could be waived altogether if both parties agree, the divorce is uncontested, and no minor children are involved.

A fast track for domestic violence survivors. This may be the most meaningful piece of the proposal. Under current law, a survivor who flees an abusive marriage must still wait a full calendar year before a court can grant an absolute divorce, remaining legally bound to their abuser during that time. That legal connection affects everything from health insurance and taxes to the abusive spouse's presumed marital rights. The proposed bills would allow victims of domestic violence to file for divorce without the standard separation period if they have obtained a Domestic Violence Protective Order against their spouse or can show a conviction for a domestic violence-related offense.

What Else Is in the Bills

Both bills also propose abolishing alienation of affection and criminal conversation lawsuits — the so-called "homewrecker" lawsuits that allow a spouse to sue a third party for their role in the breakdown of a marriage. North Carolina remains one of only a handful of states that still permit these claims, which have generated multi-million dollar verdicts in recent years.

Has This Become Law Yet?

No. As of the 2025-2026 session, these bills are pending legislation in the North Carolina General Assembly and have not been enacted. The one-year separation rule under N.C. Gen. Stat. § 50-6 remains in effect. Nothing changes for clients navigating a divorce today — the current law still applies.

What This Means for You

If you're currently separated and waiting out the one-year period, the law has not changed yet. You still need to meet the existing requirements before you can file. But this legislation is worth watching, and we'll keep our clients informed as it moves through the General Assembly.

If you're in a domestic violence situation and wondering what your options are right now, we want you to know that you don't have to wait for a new law to get help. A Domestic Violence Protective Order under Chapter 50B is available today, independent of the divorce timeline, and there are steps we can take to protect you and your children right now.

We're Here to Help You Navigate What the Law Is — and What It Becomes

Family law in North Carolina is always evolving, and staying current matters. At Hefferon Law, we keep a close eye on legislative developments that affect our clients and make sure you always have accurate, up-to-date guidance.

If you have questions about how the current law applies to your situation — or what a change might mean for you — we're here to talk. Call us at (704) 610-4795, email us at info@hefflawpllc.com, or visit hefflawpllc.com to schedule a consultation.