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NC S575

Bill

Status

Introduced

4/4/2023

Primary Sponsor

Natasha Marcus

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • Prevents defenses or pleas based on provisions of G.S. 50-7, res judicata, or recrimination from barring a divorce under this section.

  • Preserves the rights of a dependent spouse to seek alimony, which are not affected by a divorce granted under this provision.

  • 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

Committee Referrals

Rules and Operations of the Senate4/5/2023

Full Bill Text

No bill text available