North Carolina House Bill H657

North Carolina 2023-2024 Regular Session

• Introduced: 4/17/23
• Refer: 4/18/23
• Refer: 4/19/23

Caption

Amend 1-Yr Sep/Repeal Alien. of Aff/Crim. Con

Impact

If passed, this bill will significantly alter the landscape of family law in North Carolina. The reduction in the time required for separation may facilitate quicker divorces, allowing couples to move on with their lives sooner than current law permits. The change could also encourage amicable separations and streamline the process for couples who find themselves in uncontested situations. Furthermore, abolishing the common-law actions will eliminate a layer of legal recourse for individuals claiming emotional damage due to marital interference, making divorce cases potentially less contentious.

Summary

House Bill 657 aims to amend the requirements for obtaining a divorce in North Carolina by reducing the mandatory separation period from one year to six months. The bill will also allow parties to cohabit for financial reasons without affecting the separation period and permits the waiver of the separation period for uncontested divorces that do not involve minor children. Additionally, the bill seeks to abolish the common law causes of action for 'alienation of affection' and 'criminal conversation', which have historically allowed individuals to sue for damages if a third party interferes in a marriage.

Sentiment

Feedback surrounding House Bill 657 appears divided. Proponents argue that the bill modernizes outdated divorce laws and acknowledges the realities of contemporary relationships where couples may remain amicable after separation. They view the reduction of the separation period and the option for cohabitation as progressive steps towards supporting individuals in making informed decisions about their futures. Conversely, critics raise concerns that abolishing alienation of affection claims undermines moral accountability and could lead to more complex emotional and financial disputes at the time of divorce.

Contention

Notable points of contention include the potential elimination of legal protections provided through the alienation of affection claims. Opponents argue that these actions serve as a deterrent against marital infidelity, while supporters of the bill claim that such laws are relics that perpetuate harmful societal norms. The debate centers around balancing the need for modern reforms in family law with the desire to preserve certain moral and ethical standards regarding marriage.