H 1070

GENERAL ASSEMBLY OF NORTH CAROLINA
  SESSION 2025
 H  1
  HOUSE BILL 1070
 Short Title:   Domestic Violence Divorce Reform Act.  (Public)
 Sponsors:      Representatives Buansi, Johnson-Hostler, Charles Smith, and Turner (Primary
  Sponsors).
  For a complete list of sponsors, refer to the North Carolina General Assembly web site.
 Referred to:   Rules, Calendar, and Operations of the House
  April 29, 2026
1A BILL TO BE ENTITLED
2 AN ACT TO AMEND SEPARATION LAWS FOR ABSOLUTE DIVORCE.
3 The General Assembly of North Carolina enacts:
4SECTION 1. G.S. 50-6 reads as rewritten:
5 "§ 50-6. Divorce after separation of one year on application of either party.
6     (a)     Marriages may be dissolved and the parties thereto divorced from the bonds of
7 matrimony on the application of either party, if and when the husband and wife have lived
8 separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided
9 in the State for a period of six months. A divorce under this section shall not be barred to either
10 party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a
11 plea of recrimination. Notwithstanding the provisions of G.S. 50-11, or of the common law, a
12 divorce under this section shall not affect the rights of a dependent spouse with respect to alimony
13 which have been asserted in the action or any other pending action.
14     (b)     If a person in the marriage is a victim of domestic violence, as defined under
15 G.S. 50B-1, and the person's spouse by marriage is responsible for committing that act of
16 domestic violence, the person who is the victim of domestic violence may seek a divorce without
17 having to meet the one-year period of separation. In making application for divorce pursuant to
18 this subsection, the applicant shall have divorce granted by satisfying one of the following:
19(1)     Entering of a Domestic Violence Protection order with findings, against the
20person's spouse by marriage who is responsible for committing that act of
21domestic violence.
22(2)     Entering of a conviction for a domestic violence-related offense of the person's
23spouse by marriage who is responsible for committing that act of domestic
24violence.
25(3)     By order of a judge following an evidentiary hearing that includes
26consideration of factors, including, but not limited to, the following:
27a.      Law enforcement, court, or other federal or State agency records or
28files.
29b.      Documentation from a domestic violence program, if the applicant is
30alleged to be the victim of domestic violence.
31c.      Documentation from a medical or other professional from whom the
32applicant has sought assistance in dealing with the alleged domestic
33violence.
  *H1070-v-1*
 General Assembly Of North Carolina  Session 2025
1     (c)    Whether there has been a resumption of marital relations during the period of
2 separation shall be determined pursuant to G.S. 52-10.2. Isolated incidents of sexual intercourse
3 between the parties shall not toll the statutory period required for divorce predicated on separation
4 of one year."
5SECTION 2. This act does not affect cases pending when this act becomes law.
6SECTION 3. There is appropriated from the General Fund to the Office of State
7 Budget and Management the sum of fifty thousand dollars ($50,000) in nonrecurring funds for
8 the 2026-2027 fiscal year to provide a directed grant to The Women's Center, Inc., a nonprofit
9 organization doing business as Compass Center, to be used to support victims of domestic
10 violence.
11SECTION 4. Except as otherwise provided, this act is effective when it becomes law
12 and applies to actions commenced on or after that date.
 Page 2  House Bill 1070-First Edition