Enacts new GS 50-6.1 creating a waiver to the one-year separation requirement if one party was convicted of a crime of domestic violence against the other party, either within the State or outside the State if the crime would have constituted domestic violence under State law and the parties were married at the time. Requires a court to grant a divorce if the parties are living separate and apart and if either party has resided in the State for period of six months next preceding the filing of the complaint for divorce. Amends GS 50-8 (pertaining to contents of complaint for divorce; verification; venue and service in action by nonresident; certain divorces validated) as follows: sets forth pleading requirements for the waiver under GS 50-6.1; makes language gender neutral; modernizes outdated language; makes technical and conforming changes.
CREATE DV EXCEPTIONS TO ONE-YEAR SEPARATION.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO CREATE EXCEPTIONS TO THE ONE-YEAR SEPARATION REQUIREMENT OF DIVORCE PROCEEDINGS WHEN A CONVICTION OF A CRIME OF DOMESTIC VIOLENCE HAS OCCURRED.Intro. by Charles Smith, Lowery.
Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 17 2023)
H 604
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Bill H 604 (2023-2024)Summary date: Apr 13 2023 - View Summary
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