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North Carolina’s One-Year Separation Rule Could Change: What Senate Bill 836 Would Mean for Your Divorce

Right now, you cannot get an absolute divorce in North Carolina unless you and your spouse have been separated for a full year. Senate Bill 836 will reduce that waiting period by half. For some people, this would eliminate the waiting time entirely. However, the bill has not yet become law, and this difference matters if you separate in 2026.

What North Carolina Law Requires Today

Under N.C. Gen. Stat. § 50-6, either spouse may seek absolute divorce once both of you have lived separately and apart for a year. At least one of you must intend the separation to be permanent. One spouse must also have resided in North Carolina for at least six months prior to filing.

The clock is more strict than most people expect. A single night together doesn’t restart it, but actually renewing the marriage does.

What Senate Bill 836 Would Change

Senate Bill 836, the Domestic Violence Divorce Reform Act, was introduced in the North Carolina Senate on April 27, 2026. This bill proposes several changes to § 50-6:

  • The required separation period for divorce would be reduced from one year to six months.
  • Couples may be able to skip the separation period if they both agree, the divorce is uncontested, and there are no minor children involved.
  • Living in the same household due to financial circumstances would not interrupt the separation requirement if both parties agree it is necessary.
  • The six-month residency requirement for filing for divorce remains unchanged.

The bill also goes beyond divorce timing. It would abolish North Carolina’s alienation of affection and criminal conversation claims. These are lawsuits that allow a spouse to sue a third party for an affair. Neither change will apply to cases that are already pending when the bill becomes law.

A Faster Path for Domestic Violence Survivors

If your spouse commits an act of domestic violence against you as defined by the statute on protective orders in North Carolina, you can seek a divorce without a separation period.

Your word alone would not be sufficient. The application will require a statement from you indicating that you are the victim, as well as at least two types of evidence from the following categories:

  • Law enforcement, court, or other government records
  • Documentation from a domestic violence program
  • Records from a doctor or other professional who you consulted for help with the abuse

You don’t need to get a divorce in order to get protection. A domestic violence protective order is available now.

Where the Bill Stands in 2026

SB 836 passed its first reading on April 28, 2026 and was then sent to the Senate Appropriations Committee. However, it has not progressed since then and the General Assembly finished its regular legislative session on August 5, 2026. Therefore, it is unlikely that the bill will be passed this year.

What This Means If You Are Separating Now

Until some version of SB 836 becomes law, the one-year rule will apply. Plan accordingly.

  • Make sure to document your date of separation, such as with a new lease or a change of address, to avoid any confusion.
  • Consider carefully before moving back into the home, even temporarily, as this may affect your rights in the divorce.
  • If you have any claims for property division or alimony, file them before the divorce decree is finalized. Under G.S. 50-11, these rights may be terminated if the claims were not pending at the time of the divorce.

That last point is where people get hurt. A shorter waiting period would actually make this mistake easier to make, because there would be less time to file those claims.

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Get Clear Answers Before You Make Your Next Move

A bill proposed in Raleigh does not change the rules that you have to follow today. You may just be beginning to separate, trying to protect your share of marital property or leaving an abusive marriage. In each case, the Law Office of Stephen E. Robertson, PLLC, can help you understand your timeline and protect your rights from the start. Our team offers compassionate advice aimed at a fair and equitable settlement. If a cooperative solution is not possible, we are prepared to strongly advocate for you. Contact us today to schedule a consultation.