A major change could be coming to some of North Carolina's strictest laws around divorce.
Divorce laws vary from state to state, with some states carrying notably stricter rules around when a married couple can be granted a divorce than others. For example, while some states have no mandatory minimum waiting period at all for a divorce to be granted, others, including South Carolina, Vermont, Rhode Island and more require more than 400 days.
In North Carolina, married couples seeking a divorce are specifically required to live separately for a period of time defined by General Statute 50-6. Additionally, an N.C. divorce - lawyers not included - will run you $225 in filing costs, or $235 if a party wishes to revert to a maiden name.
However, an
N.C. bill introduced March 25 could make some major changes to how divorces work in the Tar Heel State. Here's what to know.
How long do you have to be legally separated before divorce in North Carolina?
Currently, N.C. General Statute 50-6 allows divorce only after spouses have lived "separate and apart" for a full year.
North Carolina Senate Bill 626: NC divorce law changes proposed
SB 626 was filed March 25, passed its first reading March 26, and was referred to the Committee on Rules and Operations of the Senate on the same date.
Entitled "an act to amend separation laws for absolute divorce and to abolish the common law civil actions of alienation of affection and criminal conversation," the bill would make changes to North Carolina's required separation period, allow exceptions for domestic violence victims and more.
How would North Carolina divorce law change if SB 626 passed?
If passed, SB 626 would create the following changes to N.C.'s divorce laws:
- The required separation period for divorce would be shortened from one year to six months
- If both spouses agree, the divorce is uncontested and they don't have minor children, some couples could waive the six-month separation requirement entirely
- A spouse who can document that they are a victim of domestic violence committed by their spouse could seek a divorce without waiting six months
- NC's causes of action for alienation of affection and criminal conversation, which allow suing a third party over the breakup of a marriage or an extramarital sexual relationship, would be abolished
How much does a divorce cost in North Carolina?
Matthews-based law firm Weaver, Bennett & Bland, explains that the basic cost of a divorce in the Tar Heel State is $224 in filing costs, or $235 if the plaintiff wishes to revert to a maiden name. In a divorce where one party files a lawsuit to become unmarried after years of separation, the firm estimates the cost of attorney's fees at roughly $400-750, plus up to $30 in service costs and a $20 motion fee.
However, the firm also notes that disputes such as child custody and visitation, child support, division of marital property and debt, alimony or spousal support and other issues influence the total cost of the divorce, and divorce cases that go to trial over such issues tend to be much more expensive.
Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.
This article originally appeared on Asheville Citizen Times: NC divorces require a 1 year separation. A new bill could change that
