By Steve Levine · Published June 17, 2026 · 6 min read
Published: June 17, 2026
North Carolina has long been known for having one of the longest waiting periods for no-fault divorce in the United States. Right now, couples must live apart for at least one year before they can file for divorce.
Some people think this gives couples time to think things through and possibly reconcile. Others feel it just drags things out and adds stress, especially when money and living arrangements are already difficult.
There's now a proposed bill called Senate Bill 626 (SB 626) that could change this. If it passes, the required separation time could drop from 12 months to 6 months, along with a few other updates to family law in the state.
It has sparked a lot of conversation, but it's important to remember that it is only a proposal and has not become law. Here's a simple breakdown of what SB 626 could mean for people in North Carolina and how it might affect future divorce cases.
In North Carolina, couples who want a no-fault divorce have to live apart for at least one full year before they can file. During that time, at least one person must plan for the separation to be permanent, not just a temporary break.
On top of that, one of the spouses must have lived in North Carolina for at least six months before they can even start the process. This rule still applies even if both people agree the marriage is over.
So even in simple, uncontested cases where there are no arguments about property, money, or kids, couples still have to wait out the full year before they can officially get divorced. Because of this, North Carolina is often seen as having a stricter and slower divorce process compared to many other states.
Senate Bill 626, also called the Domestic Violence Reform Act, proposes a few big updates to North Carolina's divorce laws. Here are some of the changes if they pass the law:
Shorter separation period
The biggest change is the waiting time itself. Instead of waiting a full year, couples would only need to live apart for six months before filing for divorce.
Exceptions for domestic violence cases
The bill also looks at situations involving domestic violence. In certain cases, victims may not have to follow the standard waiting period before moving forward with a divorce.
Faster uncontested divorces
Some simple divorce cases could move quicker under this bill. For example, couples without minor children and with no major disagreements might not have to go through the full waiting period.
Charges to certain lawsuits
Another part of the proposal would remove lawsuits like alienation of affection and criminal conversation. These are often called "homewrecker" claims and are rarely used, but still part of North Carolina law today.
Overall, these changes would be one of the biggest updates to divorce laws in the state in many years.
People who support SB 626 say the current one-year waiting rule doesn't really match how many couples deal with separation today. If both people already agree the marriage is over, having to stay legally married for another year can make things harder than they need to be.
It can delay financial changes, slow down property arrangements, and just keep both sides stuck longer than necessary. In many other states, divorces can move forward much faster. Supporters of the change believe that six months is still enough time to be sure about the decision, without dragging the process out too long.
On the other hand, some critics think a longer waiting period gives couples a better chance to rethink things and maybe even reconcile. They also worry that people might rush into divorce too quickly if the timeline is shorter.
At the end of the day, the discussion is really about finding a fair balance between giving people time to think and letting them move one when the decision is already made.
Right now, the most important thing to know is that nothing has changed yet. SB 626 was introduced in the 2025-2026 legislative session and sent to committee, but it still has a long way to go before it can become law.
Until it officially passes, North Carolina's current rule of a one-year separation still applies. If someone is planning to file for divorce, they still need to follow the existing requirements. Trying to file too early can lead to delays or problems with the case.
Since laws can change and every situation is different, it can also help to talk with experienced Raleigh divorce lawyers who can explain how the current rules apply and keep track of any updates with the bill.
If you want to keep up with how the bill is moving, the best place to check is the North Carolina General Assembly website. It shows updates on the bill's status, committee discussions, and other changes as it moves through the process.
Since bills often get edited or delayed before they become law, it's a good idea to stay updated if this is something that could affect you in the future.
Any change in divorce laws tends to get people talking, and this bill is no different. Whether SB 626 moves forward or not, it highlights an ongoing discussion about how long the divorce process should really take and what feels fair for families going through it.
For now, the current rules are still in place, so anyone dealing with separation or planning ahead should work within the existing requirements and keep an eye on any updates as they come.
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What is the current separation requirement for divorce in North Carolina?
In North Carolina, couples who want a no-fault divorce have to live apart for at least one full year before they can file. During that time, at least one person must plan for the separation to be permanent. One of the spouses must also have lived in North Carolina for at least six months before they can start the process.
What would Senate Bill 626 change?
Senate Bill 626, also called the Domestic Violence Reform Act, would shorten the separation period from one year to six months, create exceptions for domestic violence cases, allow some uncontested divorces to move faster, and remove lawsuits like alienation of affection and criminal conversation.
Has Senate Bill 626 become law?
No. SB 626 was introduced in the 2025-2026 legislative session and sent to committee, but it is only a proposal and has not become law. Until it officially passes, North Carolina's current one-year separation rule still applies.
Where can I track the status of the bill?
The best place to check is the North Carolina General Assembly website, which shows updates on the bill's status, committee discussions, and other changes as it moves through the process.
About This Page
OpenClassActions.com is a consumer news and information site and is not a law firm. This article is general information about a proposed North Carolina bill and the state's divorce rules, not legal advice. SB 626 is a proposal and has not become law; laws and deadlines change and individual cases differ, so consult a qualified North Carolina family law attorney about your specific situation.
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