North Carolina Bill Would Cut the State's Year-And-a-Day Divorce Wait

North Carolina requires spouses to live apart for a year and a day before a no-fault divorce can be granted, and a bill filed in April would cut that period to six months or waive it entirely in cases of abuse. The proposed Domestic Violence Divorce Reform Act would also eliminate the state's alienation-of-affection and criminal-conversation lawsuits, which allow civil claims against third parties over marital affairs.

The bill, introduced in April, would reduce the separation requirement from one year to six months. That six-month period would be waived when both spouses agree, the divorce is uncontested, and no minor children are involved. The wait would be dropped entirely for a spouse seeking divorce from an abusive partner who submits documentation of the abuse. The waiting period does not stop spouses from physically separating or from beginning to resolve custody, support and property matters; it delays when the marriage legally ends, and some financial claims must be filed before a divorce is final to preserve those rights.

Jen Hamilton, a labor and delivery nurse and influencer in North Carolina, said the rule drew public attention this year after she alleged that her estranged husband, married for more than a dozen years, had led a "double life." She said many residents do not learn about the statute until they face it. "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," Hamilton said. She said shortening the wait could ease the transition and that requiring someone to stay legally married can be dangerous when abuse is involved. "These changes in laws will save lives," Hamilton said. "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, said the separation period gives couples time to work through custody, child support, property division and alimony. In an April podcast interview, Davis said some people are unsure about divorce for months and some couples reconcile. "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,'" Davis said.

The bill has had no recorded legislative action since its referral to committee in April. Both Hamilton and Davis said that whether or not the wait is shortened, people entering or leaving a marriage should have their finances in order and an ability to support themselves.