AN ACT TO amend SEPARATION laws FOR ABSOLUTE DIVORCe.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 50‑6 reads as rewritten:

§ 50‑6.  Divorce after separation of one year on application of either party.

(a)        Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50‑7, a plea of res judicata, or a plea of recrimination. Notwithstanding the provisions of G.S. 50‑11, or of the common law, a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.

(b)        If a person in the marriage is a victim of domestic violence, as defined under G.S. 50B‑1, and the person's spouse by marriage is responsible for committing that act of domestic violence, the person who is the victim of domestic violence may seek a divorce without having to meet the one‑year period of separation. In making application for divorce pursuant to this subsection, the applicant shall have divorce granted by satisfying one of the following:

(1)        Entering of a Domestic Violence Protection order with findings, against the person's spouse by marriage who is responsible for committing that act of domestic violence.

(2)        Entering of a conviction for a domestic violence‑related offense of the person's spouse by marriage who is responsible for committing that act of domestic violence.

(3)        By order of a judge following an evidentiary hearing that includes consideration of factors, including, but not limited to, the following:

a.         Law enforcement, court, or other federal or State agency records or files.

b.         Documentation from a domestic violence program, if the applicant is alleged to be the victim of domestic violence.

c.         Documentation from a medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence.

(c)        Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52‑10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.

SECTION 2.  This act does not affect cases pending when this act becomes law.

SECTION 3.  There is appropriated from the General Fund to the Office of State Budget and Management the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2026‑2027 fiscal year to provide a directed grant to The Women's Center, Inc., a nonprofit organization doing business as Compass Center, to be used to support victims of domestic violence.

SECTION 4.  Except as otherwise provided, this act is effective when it becomes law and applies to actions commenced on or after that date.