Bill Summary – FastDemocracy

H.B. 657
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 17, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                     HOUSE BILL DRH40340-NJ-50
     Short Title:   Amend 1-Yr Sep/Repeal Alien. of Aff/Crim. Con.                                (Public)
     Sponsors:      Representative Harris.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO REDUCE THE REQUIRED PERIOD OF SEPARATION FOR ABSOLUTE
     DIVORCE FROM ONE YEAR TO SIX MONTHS, TO ALLOW PARTIES TO
     COHABITATE FOR FINANCIAL REASONS, TO WAIVE THE PERIOD OF
     SEPARATION FOR UNCONTESTED DIVORCES IN WHICH NO MINOR CHILDREN
     ARE INVOLVED, AND TO ABOLISH THE COMMON-LAW CIVIL ACTIONS OF
     ALIENATION OF AFFECTION AND CRIMINAL CONVERSATION.
 The General Assembly of North Carolina enacts:
              SECTION 1.(a) G.S. 50-6 reads as rewritten:
 "§ 50-6. Divorce after separation of one year six months on application of either party.
     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, six months, and the plaintiff or defendant in the suit for divorce has resided in the
 State for a period of six months. However, the six-month period of separation may be waived
 upon agreement of both parties if the divorce is uncontested and does not involve minor children.
 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.
     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 or cohabitation for financial reasons shall not toll the statutory period required for divorce
 predicated on separation of one year.six months."
              SECTION 1.(b) G.S. 50-8 reads as rewritten:
 "§ 50-8. Contents of complaint; verification; venue and service in action by nonresident;
              certain divorces validated.
     In all actions for divorce the complaint shall be verified in accordance with the provisions of
 Rule 11 of the Rules of Civil Procedure and G.S. 1-148. The plaintiff shall set forth in his or her
 complaint that the complainant or defendant has been a resident of the State of North Carolina
 for at least six months next preceding the filing of the complaint, and that the facts set forth
 therein as grounds for divorce, except in actions for divorce from bed and board, have existed to
 his or her knowledge for at least six months prior to the filing of the complaint: Provided,
 however, that if the cause for divorce is one-year six-month separation, then it shall not be
 necessary to allege in the complaint that the grounds for divorce have existed for at least six
 months prior to the filing of the complaint; it being the purpose of this proviso to permit a divorce
                                     *DRH40340-NJ-50*
     General Assembly Of North Carolina                                                    Session 2023
 after such separation of one year six months without awaiting an additional six months for filing
 the complaint: Provided, further, that if the complainant is a nonresident of the State action shall
 be brought in the county of the defendant's residence, and summons served upon the defendant
 personally or service of summons accepted by the defendant personally in the manner provided
 in G.S. 1A-1, Rule 4(j)(1). Notwithstanding any other provision of this section, any suit or action
 for divorce heretofore instituted by a nonresident of this State in which the defendant was
 personally served with summons or in which the defendant personally accepted service of the
 summons and the case was tried and final judgment entered in a court of this State in a county
 other than the county of the defendant's residence, is hereby validated and declared to be legal
 and proper, the same as if the suit or action for divorce had been brought in the county of the
 defendant's residence.
     …."
             SECTION 2.(a) G.S. 52-13 is repealed.
             SECTION 2.(b) Chapter 52 of the General Statutes is amended by adding a new
 section to read:
 "§ 52-14. Abolish causes of action for alienation of affection; criminal conversation.
     The common-law causes of action for alienation of affection and criminal conversation are
 abolished."
             SECTION 2.(c) This section does not affect cases pending when this act becomes
 law.
             SECTION 3. Except as otherwise provided, this act is effective when it becomes law
 and applies to actions commenced on or after that date.
     Page 2                                                                          DRH40340-NJ-50
Statutes affected: 
Filed: 50-6, 50-8, 52-13
Edition 1: 50-6, 50-8, 52-13