Could North Carolina’s One-Year Divorce Waiting Period Be Changing? What to Know About Senate Bill 836

North Carolina lawmakers are considering legislation that could significantly change the divorce process in the state. Senate Bill 836, known as the Domestic Violence Divorce Reform Act, proposes reducing North Carolina’s one-year separation requirement to six months, creating exceptions that could allow certain spouses to divorce sooner, and eliminating the civil claims of alienation of affection and criminal conversation. However, these proposals have not become law, and North Carolina’s current divorce requirements remain in effect.

For individuals considering separation or divorce, understanding the difference between the law as it exists today and what Senate Bill 836 proposes is important.

What Is North Carolina Senate Bill 836?

Senate Bill 836, titled the Domestic Violence Divorce Reform Act, was filed in the North Carolina Senate in April 2026.

The proposed legislation addresses several areas of North Carolina family law, including:

• The amount of time spouses must live separate and apart before obtaining an absolute divorce;
• Exceptions to the separation period for certain uncontested divorces;
• An exception for qualifying victims of domestic violence; and
• The elimination of alienation of affection and criminal conversation claims.

As of September 23, 2026, Senate Bill 836 has not been enacted into law. The bill was referred to the Senate Appropriations/Base Budget Committee, and the North Carolina General Assembly currently reports no votes on the bill.

What Is the Current Separation Requirement for Divorce in North Carolina?

Under current North Carolina law, spouses generally must live separate and apart for at least one year before either spouse can obtain an absolute divorce.

North Carolina General Statute § 50-6 also requires that either the plaintiff or defendant in the divorce action have resided in North Carolina for at least six months before the action is filed.

That law remains in effect today.

This distinction is important because the introduction of Senate Bill 836 does not change the law by itself. Unless and until legislation changing the requirement becomes law, individuals seeking an absolute divorce in North Carolina remain subject to the current requirements.

Would Senate Bill 836 Reduce the Separation Period to Six Months?

Yes, if enacted in its current form, Senate Bill 836 would generally reduce the required separation period for an absolute divorce from one year to six months.

The bill proposes amending N.C.G.S. § 50-6 to allow spouses to obtain an absolute divorce after living separate and apart for six months, subject to additional exceptions contained in the proposed law.

The existing six-month North Carolina residency requirement would remain.

For many separating spouses, this would represent a substantial change. Rather than waiting a full year before becoming eligible to obtain an absolute divorce, qualifying spouses could potentially begin that process after six months of separation.

Could Some Couples Divorce Without Waiting Six Months?

Senate Bill 836 also proposes an exception for certain uncontested divorces.

Under the proposed language, the six-month separation period could be waived by agreement of both spouses when:

• The divorce is uncontested; and
• The divorce does not involve minor children.

If the legislation becomes law as currently written, qualifying spouses who agree to the divorce could potentially obtain an absolute divorce without completing the otherwise required six-month separation period.

This provision is only a proposal at this time and is not available under current North Carolina divorce law.

What Would Senate Bill 836 Mean for Victims of Domestic Violence?

One of the most significant portions of the proposed legislation involves spouses who are victims of domestic violence.

Under Senate Bill 836, a person who is a victim of domestic violence, as defined under N.C.G.S. § 50B-1, could potentially seek an absolute divorce without completing the proposed six-month separation period when the person's spouse is responsible for the domestic violence.

However, the bill contains specific documentation requirements.

The applicant would need to state that they are a victim of domestic violence and provide evidence. The proposed legislation requires evidence from at least two of the following categories:

1. Law enforcement, court, or other federal or state agency records or files;
2. Documentation from a domestic violence program; or
3. Documentation from a medical or other professional from whom the applicant sought assistance related to the alleged domestic violence.

If enacted, this would create a significant exception to the standard separation period for qualifying individuals experiencing domestic violence.

Would the Bill Eliminate Alienation of Affection Lawsuits in North Carolina?

Yes. Senate Bill 836 also proposes abolishing the causes of action for alienation of affection and criminal conversation in North Carolina.

These are sometimes informally referred to as North Carolina's "heart balm" claims.

Alienation of affection can currently allow a spouse, when the required legal elements are established, to pursue a civil claim against a third party whose wrongful and malicious conduct contributed to the loss of love and affection in the marriage.

Criminal conversation is a separate civil cause of action involving sexual intercourse between a person's spouse and a third party during the marriage.

Senate Bill 836 proposes repealing N.C.G.S. § 52-13 and expressly abolishing both common-law causes of action.

If that portion of the bill became law as currently written, these claims would no longer be available for newly commenced actions subject to the legislation.

What Would Happen to Existing Alienation of Affection or Criminal Conversation Cases?

The current version of Senate Bill 836 specifically states that its elimination of alienation of affection and criminal conversation would not affect cases already pending when the legislation becomes law.

That means the proposal should not be interpreted as automatically dismissing every alienation of affection or criminal conversation case already pending in North Carolina courts.

Instead, the bill states that, except where otherwise provided, the Act would apply to actions commenced on or after its effective date.

Would Reconciliation During Separation Be Treated Differently?

The proposed legislation also contains language addressing what happens during the separation period.

Under the bill, isolated incidents of sexual intercourse between spouses would not toll the required separation period. The proposal would also add cohabitation for financial reasons to the circumstances that would not toll the statutory separation period.

Questions about whether spouses have actually resumed their marital relationship can be highly fact-specific. Individuals who are separated but considering temporarily living together, reconciling, or changing their living arrangements should speak with a North Carolina family law attorney about how their particular circumstances could affect their legal rights.

Has Senate Bill 836 Passed in North Carolina?

No. As of September 23, 2026, Senate Bill 836 has not become North Carolina law.

The bill was filed on April 27, 2026, passed its first reading on April 28, and was ultimately referred to the Senate Appropriations/Base Budget Committee. If it receives a favorable recommendation there, the current referral directs it next to the Senate Rules and Operations Committee.

The North Carolina General Assembly currently reports no votes on Senate Bill 836 beyond the procedural first reading, and no date has been announced for a vote on final passage.

Because proposed legislation can be amended substantially during the legislative process—or may never become law—North Carolina residents should not make legal decisions based on the assumption that these proposed changes will take effect.

What Does This Mean If You Are Currently Considering Divorce in North Carolina?

For now, North Carolina's existing divorce laws continue to apply.

Generally, spouses seeking an absolute divorce based on separation must still live separate and apart for one year and satisfy the state's residency requirements.

Senate Bill 836 is important to watch because, if enacted, it could substantially change when some spouses are eligible to obtain an absolute divorce and could eliminate two distinctive causes of action available under North Carolina law.

Divorce also involves much more than simply ending the marriage. Issues involving child custody, child support, spousal support, alimony, equitable distribution, and other financial matters can have separate requirements and deadlines. The effect of an absolute divorce on unresolved claims is one reason it can be important to understand your rights before filing.

Talk to a North Carolina Family Law Attorney

Divorce laws can change, and proposed legislation can create confusion about what rules currently apply.

The family law attorneys at Jetton & Meredith, PLLC represent individuals facing divorce, separation, child custody, support, equitable distribution, and other family law matters throughout the Charlotte area and surrounding North Carolina communities.

Our attorneys stay informed about developments in North Carolina family law and can help you understand the law that applies to your individual circumstances.

If you are considering separation or divorce and have questions about your rights, contact Jetton & Meredith to schedule a consultation with a member of our family law team.

This article is provided for general informational purposes only and is not intended to constitute legal advice. Senate Bill 836 is proposed legislation and has not become law as of the date of publication. The status and language of proposed legislation may change during the legislative process.