North Carolina Proposal Would Halve State's Lengthy Divorce Separation Requirement

The Domestic Violence Divorce Reform Act, introduced in North Carolina in April, proposes to shorten the state’s mandatory separation period from one year and a day to six months. The legislation would further eliminate the waiting period entirely for spouses involved in uncontested divorces without minor children, or for those submitting specific documentation of domestic violence.

North Carolina currently stands as one of the few states requiring such a lengthy separation before an absolute divorce can be granted. The bill would also remove the state’s ability to file alienation-of-affection and criminal-conversation lawsuits, which allow civil claims against third parties regarding marital affairs. The proposal has seen no recorded legislative action since its referral to a committee in April.

Jen Hamilton, a labor and delivery nurse and influencer in North Carolina, has called attention to the law after publicly alleging her estranged husband of more than a dozen years had been leading a double life. She argues the current timeline creates unnecessary financial and custody complications 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.”

Hamilton contends that shortening the period eases the transition out of a marriage, particularly when abuse is present. “These changes in laws will save lives,” she 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, maintains that the separation period serves a practical purpose. She notes that the time allows couples to resolve custody, child support, property division, and alimony matters before the marriage legally ends.

“Some folks don’t even really know for sure that they want to be [divorced] for several months,” Davis said in an April podcast interview. “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.’”