FREEDOM TO LEAVE

North Carolina law generally requires spouses to live separate and apart for one year before an absolute divorce may be granted under G.S. 50-6. The statute also requires either the plaintiff or defendant to have resided in North Carolina for at least six months.

For survivors of domestic violence, the separation requirement can prolong marital status and the legal and financial relationships associated with it.

Freedom to Leave examines whether survivors who meet clearly defined statutory criteria should have access to an alternative pathway to absolute divorce without completing the standard one-year separation period.

Physical separation does not terminate a marriage or all of the legal and financial consequences associated with marital status.

Continued marital status can affect property and debt, financial arrangements, insurance and benefits, taxation, estate matters, and other legal relationships.

At the same time, accelerating access to absolute divorce can affect significant legal rights. Under North Carolina law, an absolute divorce generally terminates the right to equitable distribution unless that right has already been asserted. Alimony and postseparation-support rights likewise require careful preservation in connection with entry of an absolute divorce.

Domestic-violence divorce reform must therefore address both access and economic protection. A faster pathway to divorce should not unintentionally cause a survivor to lose property, support, or other rights that require action before the marriage is legally dissolved.

North Carolina should establish an alternative statutory pathway to absolute divorce for survivors of domestic violence who satisfy clearly defined eligibility standards.

The framework establishes multiple reliable methods for demonstrating eligibility, recognizing that survivors may possess different forms of evidence and may not have obtained a protective order or criminal conviction.

Procedural safeguards preserve notice, judicial review, evidentiary clarity, and the legal rights of all parties.

The framework also protects survivors from unintended loss of economic rights, including claims involving equitable distribution, alimony, post-separation support, and other interests affected by entry of an absolute divorce.

Effective reform provides a clear and legally reliable pathway for addressing the distinct circumstances domestic violence can create while preserving due process and financial protections.

Freedom to Leave is informed by North Carolina divorce law, domestic-violence law, civil procedure, survivor access to the justice system, economic-rights protections, and legislative proposals concerning the State's separation requirement.

Current law provides for absolute divorce under G.S. 50-6 after spouses have lived separate and apart for one year, subject to the statute's residency and other requirements. North Carolina law also makes preservation of property and spousal-support claims an important consideration before entry of an absolute divorce.

During the 2025–2026 General Assembly session, House Bill 1070, the Domestic Violence Divorce Reform Act, was introduced to create an alternative pathway for a spouse who is a victim of domestic violence as defined by G.S. 50B-1.

As introduced, HB 1070 would allow the one-year separation requirement to be bypassed through one of several proposed pathways: entry of a qualifying domestic-violence protective order, a qualifying domestic-violence-related conviction, or a judicial determination following an evidentiary hearing. The proposed evidentiary pathway permits consideration of law-enforcement or government records, documentation from a domestic-violence program, and documentation from a medical or other professional.

A related proposal, Senate Bill 836, was also introduced during the 2025–2026 session.

As of October 3, 2026, neither proposal has become law. HB 1070 remains referred to the House Committee on Rules, Calendar, and Operations. SB 836 remains referred to Senate Appropriations/Base Budget, with referral to Senate Rules and Operations if favorable.

NCCWJ uses statutory analysis, legislative research, available evidence, and stakeholder perspectives to evaluate reform options concerning survivor access, evidentiary standards, due process, economic rights, and legal clarity.

North Carolina's existing divorce framework establishes a uniform period of separation before most spouses may obtain an absolute divorce.

Freedom to Leave examines whether domestic violence presents circumstances in which an alternative process is warranted and, if so, how that process can be structured to provide:

• clear eligibility;
• reliable evidence;
• judicial review;
• protection of economic rights;
• and consistent administration.

The objective is not to eliminate procedural safeguards.

It is to determine whether those safeguards can be preserved without requiring qualifying survivors to complete a statutory waiting period that may not serve the same function in circumstances involving domestic violence.

NCCWJ will maintain relevant policy materials, legislative information, research, and public education resources related to domestic violence divorce reform in North Carolina.

Resources may include policy briefs, fact sheets, legislative summaries, statutory analyses, testimony, and other materials developed or curated by NCCWJ.

Freedom to Leave is a research and public-policy initiative of the North Carolina Center for Women's Justice.

Information provided by NCCWJ is intended for research, policy analysis, and public education. It does not constitute legal advice, create an attorney-client relationship, or determine whether an individual qualifies for any legal remedy.

Individuals with questions concerning divorce, domestic violence, property division, debt, alimony, post-separation support, child custody, or other legal rights should consult a qualified attorney or legal-services organization.