Identical to S 459, filed 4/1/21.
Decreases the required period of separation prior to divorce under GS 50-6 from one year to six months. Adds a new provision permitting the parties to waive the separation period requirement if the divorce is uncontested and does not involve minor children. Provides that the statutory period for separation is not tolled for cohabitation of the parties for financial reasons. Makes conforming changes. Makes conforming changes to required content of a complaint for divorce under GS 50-8 where separation is the cause.
Enacts GS 52-14 to abolish common-law causes of action for alienation of affection and criminal conversation. Provides a savings clause for cases pending when the act becomes law. Makes a conforming repeal of GS 52-13, which sets forth procedures for causes of action for alienation of affection and criminal conversation.
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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.Intro. by Mayfield, Fitch, Nickel.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 5 2021)
Bill S 459 (2021-2022)Summary date: Apr 1 2021 - More information