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NC H604

Bill

Status

Introduced

4/13/2023

Primary Sponsor

Charles Smith

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Creates a new exception to North Carolina's one-year separation requirement for divorce when one party was convicted of a crime of domestic violence against the other party during the marriage.

  • Allows either party to waive the one-year separation requirement if the conviction occurred in North Carolina or would have constituted domestic violence under North Carolina law if committed in the state.

  • Permits divorce to proceed if parties live separate and apart and either party has resided in North Carolina for six months preceding the complaint filing, rather than waiting the standard one year.

  • Requires the party seeking the waiver to set forth the grounds for the waiver in either the complaint (if plaintiff) or the answer (if defendant).

  • Becomes effective upon enactment and applies to all divorce proceedings beginning before, on, or after the effective date.

Legislative Description

Create DV Exceptions to One-Year Separation

Civil Procedure; Courts; Crimes; Divorce; Domestic Violence; Marriage & Civil Unions; Public; Women; Civil Actions; Family Issue

Last Action

Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

4/17/2023

Committee Referrals

Judiciary II4/17/2023

Full Bill Text

No bill text available