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NC S575
Bill
AI Summary
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Waives the one-year separation requirement for absolute divorce in North Carolina when a person in the marriage is a victim of domestic violence and the spouse is responsible for committing that violence.
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Requires divorce applicants claiming domestic violence to submit a statement that they are a victim of domestic violence and provide evidence including at least two of the following: law enforcement or agency records, documentation from a domestic violence program, or documentation from a medical or professional who assisted with the alleged domestic violence.
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Prevents defenses or pleas based on provisions of G.S. 50-7, res judicata, or recrimination from barring a divorce under this section.
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Preserves the rights of a dependent spouse to seek alimony, which are not affected by a divorce granted under this provision.
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Becomes effective upon enactment and applies to divorce actions commenced on or after the effective date.
Legislative Description
Domestic Violence Victims' Separation Waiver
Courts; Crimes; Divorce; Domestic Violence; Marriage & Civil Unions; Public; Women; Family Issues
Last Action
Ref To Com On Rules and Operations of the Senate
4/5/2023