There is a long check list of prerequisites to meet just to be able to file for divorce in North Carolina. State law outlines the conditions someone must meet as well as the steps they must take to end their marriage, with one of those being fulfilling a separation period. However, could there be changes to this step on the horizon?
What changes are being discussed?
Some lawmakers and advocates are pushing for a shorter separation period. To compare:
- What are the requirements now? As you may know, one of the requirements to file for divorce in North Carolina is to complete a separation period of one year and one day. This specifically means spouses must live separately during this time.
- What are the proposed changes? According to WCNC, Senate Bill 626 suggests reducing that separation period to six months. It also includes even further exceptions in certain cases. For example, if a divorce involves abuse or domestic violence, the separation period could be eliminated altogether.
As of right now, this proposed change is just that – proposed. The bill did not make it out of committee this session. However, lawmakers are not giving up on this bill.
What does this mean for you?
The legal process of divorce has not changed. That means that if you are considering a divorce, you must still prepare for a separation of one year and one day. This requires careful planning, as you must determine:
- Where you and your spouse will live, in order to fully live separately
- How you will share child custody, if applicable
- How you will manage marital property during this time
- What the ground rules are for your separation
While a separation agreement is not legally necessary to fulfill your separation, it can be a useful tool to help you navigate this period and protect your rights. If you are approaching your separation period, it is often a good idea to consult an experienced family law attorney to understand what to expect.
Change might be in the air in North Carolina, but these suggestions are not law just yet. It is important to make sure you stay informed about future changes, as well as the current rules regarding your case.