North Carolina Senate Bill S703

North Carolina 2023-2024 Regular Session

• Introduced: 4/6/23
• Refer: 4/10/23

Caption

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

Impact

If enacted, S703 will notably amend General Statutes related to divorce, specifically G.S. 50-6 and G.S. 50-8. The bill will not only reduce the waiting time for those seeking divorce but also eliminate the common-law actions of alienation of affection and criminal conversation, which have historically allowed spouses to bring civil suits against third parties involved in their marriages. This aspect of the bill reflects a broader trend of reforming family law, potentially leading to fewer litigation avenues related to marital disputes and infidelity. The changes could impact individuals’ rights and remedies previously available under North Carolina law.

Summary

Senate Bill 703, also known as the Act to Amend 1-Year Separation and Repeal Alienation of Affection and Criminal Conversation, proposes significant changes to divorce law in North Carolina. The bill seeks to reduce the required separation period for an absolute divorce from one year to six months, allowing couples to cohabitate for financial reasons during the separation. Additionally, it introduces provisions where the separation period can be waived for uncontested divorces that do not involve minor children. These changes aim to simplify the divorce process for couples, reflecting a shift towards more streamlined legal proceedings in family law.

Sentiment

The sentiment surrounding S703 appears to be a mixture of support for modernizing divorce laws and a cautionary approach regarding the removal of certain legal actions. Supporters argue that the bill represents a positive step towards reducing the distress and financial burden associated with prolonged separation and divorce proceedings. Conversely, some opponents express concerns about the implications of abolishing common-law actions, fearing it might diminish accountability for actions that lead to marital breakdowns. The debate reflects differing values on marriage, personal responsibility, and the intersection of legal and personal relationships.

Contention

The most notable points of contention within S703 are centered around the abolition of the common-law causes of action for alienation of affection and criminal conversation. Proponents of the bill argue that these legal actions are outdated and often used to extort financial settlements rather than promote healing. Opponents, however, believe these actions provide necessary protections and recourse for betrayed spouses harmed by third-party interference in their marriages. This legislative change has sparked discussions about the balance between legal reform and maintaining accountability in personal relationships.