A North Carolina state senator is advancing legislation aimed at significantly altering the state's divorce laws, including shortening the mandatory separation period and abolishing certain civil lawsuits tied to marital interference. Senate Bill 626, known as the Domestic Violence Divorce Reform Act, was introduced on March 25, 2025, and referred to the Senate Rules and Operations Committee the following day, where it has remained without a hearing, according to the North Carolina General Assembly's bill tracking system. The bill seeks to update centuries-old statutes that proponents argue create undue hardship for individuals seeking to end a marriage.
Under the proposed legislation, the required separation period for an absolute divorce in North Carolina would be reduced from its current "one year and one day" to just six months. This change aims to expedite the divorce process for many residents. Furthermore, the bill introduces provisions that would allow this waiting period to be waived entirely under specific circumstances. For uncontested divorces where no minor children are involved, couples could bypass the separation requirement. Victims of domestic violence could also have the waiting period waived, provided they offer documented evidence of abuse, such as a protective order, a police report, or medical records.
Beyond the separation period, Senate Bill 626 targets North Carolina's "heart balm" torts: the alienation of affection and criminal conversation laws. These unique statutes permit a spouse to sue a third party accused of interfering in their marriage. North Carolina stands as one of only a handful of states that still allow such lawsuits. Courts in the state have, in some instances, awarded substantial damages, with one reported case exceeding $8.8 million. The bill proposes to abolish these specific claims, aiming to remove what many consider outdated legal avenues from family law.
Sen. Woodson Bradley, a Democrat representing District 42 and a primary sponsor of the bill, has publicly voiced her strong support for the legislation. She told WCNC Charlotte that her personal experience with a multi-year divorce process significantly influenced her advocacy for these reforms. Bradley described the existing legal timeline as "antiquated, old, ridiculous," arguing that the prolonged process inflicts considerable emotional and financial hardship on individuals. She highlighted concerns that women in North Carolina, particularly, may accept unfair settlements or custody arrangements because they lack the financial resources to sustain an extended legal battle.
According to Sen. Bradley, the intent of Senate Bill 626 is not to promote divorce but rather to dismantle obstacles for individuals navigating difficult or dangerous marital situations. She emphasized the critical need to support those attempting to escape domestic violence, stating that North Carolina should not legally bind a person to an abuser because the calendar dictates they have not yet fulfilled an arbitrary waiting period. The bill aims to amend Chapters 50 and 52 of the North Carolina General Statutes, which govern divorce and alienation of affection law.
Sen. Bradley is joined by fellow primary sponsors Lisa Grafstein and Kandie D. Smith, as well as cosponsors Chitlik, Mayfield, Murdock, and Waddell, in backing the legislation. Supporters of the bill contend that the current one-year separation requirement imposes unnecessary financial and emotional burdens on those seeking to dissolve a marriage. Conversely, critics of the proposed changes argue that the existing waiting period serves a crucial purpose by providing time for potential reconciliation between spouses and by helping to manage the overall volume of cases processed through the court system. Under current law, North Carolina's one-year separation requirement and its alienation of affection and criminal conversation claims remain in force.