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Bill Summary · SB 836

Summary of SB 836 (Session 2025) – Domestic Violence Divorce Reform Act (North Carolina)

This summary outlines the main purpose, key provisions, affected parties, and notable procedural/timeline aspects of SB 836, filed April 27, 2026.

Purpose and overall intent

  • Modernize North Carolina divorce law by:
    • Revising separation-based grounds for absolute divorce.
    • Abolishing longstanding common-law claims of alienation of affection and criminal conversation.
  • Aimed at providing a streamlined path to divorce for victims of domestic violence while eliminating civil actions seeking to recover damages for relationship interference.

Key provisions

Part I: Separation Law Revisions

  • G.S. 50-6 amended to reflect:

    • Divorce after separation of 1 year and 6 months (previously 1 year, 6 months remains the same as stated) with the requirement that either spouse may apply and the petitioner has resided in NC for 6 months.
    • Contested vs. uncontested divorces:
    • If uncontested and involves no minor children, the six-month separation period may be waived by agreement of both parties.
    • Domestic violence exception:
    • If one spouse commits domestic violence (as defined by G.S. 50B-1), the victim may seek divorce without meeting the full 1 year 6 month separation period.
    • The application must include:
      • A statement that the applicant is a DV victim.
      • Evidence of DV comprising at least two of: (i) law enforcement/court/federal or state agency records, (ii) documentation from a DV program, (iii) documentation from a medical or other professional.
    • Protections related to alimony and other rights:
    • A DV-based divorce is not barred by defenses rooted in G.S. 50-7, res judicata, or recrimination.
    • The DV divorce does not affect a dependent spouse’s alimony rights that have been or could be asserted in the action or any other pending action.
    • Determination of resumption of marital relations:
    • Whether there has been resumption is governed by G.S. 52-10.2.
    • Isolated sexual intercourse or cohabitation for financial reasons do not reset the statutory 1 year 6 months!

  • G.S. 50-8 amended for filing requirements:

    • In actions for divorce, the complaint must show residency (6 months) and grounds (6 months prior), except for the 1 year 6 month separation ground, in which case the prior six-month period need not be alleged.
    • Provisions to allow filing by nonresidents in the defendant’s county and service rules.
    • Validates and treats as legal any prior nonresident actions that were properly served and tried in NC in a different county than defendant’s residence.

Part II: Abolish Alienation of Affection and Criminal Conversation

  • G.S. 52-13 repealed.
  • New section added: G.S. 52-14
    • Abolishes common-law causes of action for alienation of affection and criminal conversation.
  • These changes apply to actions filed after the act becomes law; pending cases are not affected.

Part III: Appropriation

  • Effective July 1, 2026, statutory appropriation of $3,000,000 (nonrecurring) from the General Fund to the DHHS, Division of Health Benefits.
  • Purpose: Expand education programs related to NC Medicaid Family Planning Program (Be Smart program).
  • The funds serve as a State match for $3,000,000 in nonrecurring federal funds for the 2026-2027 fiscal year, directed to the same Be Smart program.

Part IV: Effective Date

  • General effective date: upon becoming law.
  • Applies to actions commenced on or after the effective date.
  • Pending cases are unaffected by the bill’s provisions unless stated.

Who is affected

  • Individuals seeking a divorce in North Carolina, particularly:
    • DV victims seeking relief without a long separation period.
    • Spouses pursuing uncontested divorces without minor children.
  • Civil plaintiffs pursuing alienation of affection or criminal conversation claims (these actions will be abolished).
  • Courts handling NC divorce filings and service of process.
  • DHHS, Division of Health Benefits (administrative funding for Be Smart/Medicaid Family Planning education).

Notable timeline considerations

  • If enacted, a DV victim may file for divorce without the 1 year 6 month separation requirement.
  • The standard separation-based divorce grounds still exist for non-DV cases.
  • The act becomes effective on the date it becomes law and applies to filings commenced after that date.
  • Pending cases are generally not affected, except where otherwise stated.

If you’d like, I can produce a side-by-side comparison table outlining current law vs. SB 836 provisions.

Compiled from official sources — confirm details with the bill’s official record.

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