A proposal to change divorce law is not the same as a change that has taken effect. Before making plans around a reported new waiting period, check the current requirements and the status of the legislation.
Current court guidance
As checked on October 13, 2026, the North Carolina Judicial Branch’s separation and divorce guide says an absolute divorce based on separation requires at least a year and a day of separation. The guide also explains the residency requirement and what it means to live separately.
What Senate Bill 836 proposes
Senate Bill 836, the Domestic Violence Divorce Reform Act, was filed in April 2026. Its first edition proposes reducing the separation period to six months, with specified exceptions.
The first-edition bill text includes a possible waiver where both parties agree, the divorce is uncontested and no minor children are involved, as well as a separate provision for qualifying victims of domestic violence.
The bill-history page checked on October 13, 2026 lists a committee referral as the latest action, not enactment. These proposals should not be treated as current filing rights.
What if you are already separated?
The final text and effective-date provisions of any enacted law would matter. Do not assume that a proposal automatically applies to a pending case or changes your personal filing date.
Other decisions need attention too
Separation may involve parenting arrangements, household expenses, property, debt and support. The court’s guide warns that claims for property division or alimony can be lost if they are not preserved before an absolute divorce becomes final.
Discuss your circumstances before waiting for a potential law change. Learn about divorce services in Fuquay-Varina or contact the firm.
This article provides general information, not advice for an individual case.