Proposed change to North Carolina divorce law could have impact

On Behalf of | May 19, 2021 | Divorce |

In North Carolina, many divorces are unavoidably emotional with people wanting to move forward with the process and get it over with as quickly as possible. Amid the inevitable issues that are part of many divorces including child custody, child support, spousal support and property division are concerns about the entire case and how quickly it can start and be resolved. A recent push would dramatically change certain areas of divorce law. People thinking about getting divorced should be aware of how these changes could impact their case.

Waiting period and other divorce laws would change

The North Carolina House of Representatives and Senate have advanced bills that would reduce the waiting period for a divorce and put an end to the law for alienation of affection. Under the current law, couples must wait 12 months before they can get a divorce. If the bill becomes law, it will be reduced to six months. In addition, if the couple does not have children, they might not even need to wait six months. It can be waived in uncontested divorces and if both sides have agreed to part ways.

Also, people can pursue a divorce if they are still living in the same home for financial purposes or still have intimate relations. Alienation of affection is also mentioned in the bill. This law allows lawsuits by the aggrieved spouse against people who had an affair with a husband or wife. It is unclear as to whether the bills have sufficient support to be passed into law.

For family law cases, understanding the basics is key

As people decide to move forward with a divorce, they might not consider the basics of the law such as the waiting period before it can officially proceed. This may be viewed as secondary, but it can factor in with a case. Even if these proposed laws are not enacted, it is wise for people to know how the state laws that are currently in place are relevant to their individual situation. When thinking about a divorce, it is useful to be aware of all areas of family law. Consulting with experienced professionals can be helpful.