- posted: Oct. 07, 2025
The decision to divorce typically comes after months, or even years, of consideration and discussion among spouses. At that point, each person usually wants to move on with their life after securing a fair resolution of parenting and financial terms. North Carolina law does not allow this, requiring spouses to be separated for at least one year before filing, and complete a 30-day “cooling period” before their marriage can be dissolved. Only one other state, South Carolina, has a longer mandatory wait.
Legislators have made several attempts to bring North Carolina divorce law in line with other states in this regard. Supporters of eliminating the waiting period, or making it shorter, claim that the one-year rule creates opportunities for potential financial exploitation, such as when one spouse drains a joint bank account, leaving the other financially vulnerable. There are also concerns about the safety of domestic violence victims who still must remain wed for at least 12 more months. Research indicates that women face the greatest risk of harm when attempting to leave abusive relationships.
Bipartisan bills have been introduced in both the state House and Senate in this legislative session proposing to eliminate the mandatory separation period for those affected by domestic violence. Originally established in 1931, the delay of longer than a year was developed in a time when cultural attitudes toward divorce were much different. While there might be a public policy interest in discouraging rash breakups, the people seeking a change stress the need for greater autonomy and quicker access to legal resolution.
It’s possible that lawmakers might reach a compromise on the proposed legislation. The pre-filing waiting period could be reduced if support does not exist for full elimination. There could also be a provision that accelerates the legal marriage dissolution process in cases involving domestic violence.
As experienced North Carolina divorce attorneys, The Moore Law Office, PLLC in Asheville can advise you of the current legal standards that affect your case. To make an appointment to discuss your family law concern, please call 828-333-4796 or contact us online.
- posted: Oct. 07, 2025
The decision to divorce typically comes after months, or even years, of consideration and discussion among spouses. At that point, each person usually wants to move on with their life after securing a fair resolution of parenting and financial terms. North Carolina law does not allow this, requiring spouses to be separated for at least one year before filing, and complete a 30-day “cooling period” before their marriage can be dissolved. Only one other state, South Carolina, has a longer mandatory wait.
Legislators have made several attempts to bring North Carolina divorce law in line with other states in this regard. Supporters of eliminating the waiting period, or making it shorter, claim that the one-year rule creates opportunities for potential financial exploitation, such as when one spouse drains a joint bank account, leaving the other financially vulnerable. There are also concerns about the safety of domestic violence victims who still must remain wed for at least 12 more months. Research indicates that women face the greatest risk of harm when attempting to leave abusive relationships.
Bipartisan bills have been introduced in both the state House and Senate in this legislative session proposing to eliminate the mandatory separation period for those affected by domestic violence. Originally established in 1931, the delay of longer than a year was developed in a time when cultural attitudes toward divorce were much different. While there might be a public policy interest in discouraging rash breakups, the people seeking a change stress the need for greater autonomy and quicker access to legal resolution.
It’s possible that lawmakers might reach a compromise on the proposed legislation. The pre-filing waiting period could be reduced if support does not exist for full elimination. There could also be a provision that accelerates the legal marriage dissolution process in cases involving domestic violence.
As experienced North Carolina divorce attorneys, The Moore Law Office, PLLC in Asheville can advise you of the current legal standards that affect your case. To make an appointment to discuss your family law concern, please call 828-333-4796 or contact us online.
