North Carolina Divorce Reform: Bill Would Halve Mandatory Separation Period

A state bill introduced in April would reduce North Carolina’s mandatory separation period for divorce from one year and a day to six months.

The Domestic Violence Divorce Reform Act currently sits in committee with no recorded legislative action since its referral. Under the proposal, the six-month wait would be eliminated entirely if both spouses agree to the divorce, the case is uncontested, and no minor children are involved. The bill also proposes waiving the separation period for individuals seeking divorce from a spouse who has committed domestic violence, provided they submit specific documentation of abuse. Additionally, the legislation would remove the state’s alienation-of-affection and criminal-conversation lawsuits, which permit civil claims against third parties involved in marital affairs.

North Carolina currently requires spouses to live separate and apart for at least a year and a day before an absolute divorce can be granted. This requirement places the state in a small group of jurisdictions that mandate lengthy separation periods for no-fault divorces. The waiting period does not prevent spouses from physically separating or beginning to resolve custody, support, and property matters. However, it delays the legal end of the marriage, and some financial claims must be filed before the divorce becomes final to preserve those rights.

Jen Hamilton, a labor and delivery nurse and influencer, has drawn public attention to the issue this year. Hamilton publicly alleged that her estranged husband of more than a decade had been leading a double life. She argued that many residents are unaware of the law’s impact until it affects them personally, citing financial and custody implications for families. "I think a lot of North Carolinians do not know they will be affected by this ‘year and a day’ law," Hamilton said. "A lot of us aren’t aware until it affects us personally. There’s a lot of financial and custody implications that affect both parties, children and the family as a whole." She stated that shortening the period could ease the transition and protect those in abusive marriages, adding, "These changes in laws will save lives. Being able to leave an unhealthy or abusive marriage will save lives."

Jaime Davis, a Raleigh family law specialist and author of the book A Year and a Day, offered a contrasting view. Davis argued that the separation period allows couples to sort through custody, child support, property division, and alimony. In an April podcast interview, she noted that some individuals do not know for sure they want to be divorced for several months. "Some folks don’t even really know for sure that they want to be [divorced] for several months," Davis said, noting that some couples reconcile during that time. "The year is really useful because it gives folks long enough to figure out the financial issues, but also the emotional issues of ‘is this the right decision for me.’"

Both Hamilton and Davis agreed that financial readiness matters whether entering or exiting a marriage. The bill remains pending in the legislature, with no further scheduled votes or hearings listed on the official docket as of this week.