North Carolina 2021-2022 Session Status: In Committee 1 D cosponsors

SB 459 — Amend 1-Yr Sep/Repeal Alien. of Aff/Crim. Con.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

12 added · 13 removed

Plain-language change summary

In the latest version of SB 459, the language around divorce here has been simplified. Specifically, the wording has been adjusted to clarify that defenses related to marital relations or financial cohabitation will not affect the legal requirement for divorce. This change is important because it helps ensure that couples can proceed with divorce without being hindered by these factors, making the process clearer and more straightforward for individuals seeking to end their marriage.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 1, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 459 Short Title:
459 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS35171-LU-55B Short Title:
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.
Rules and Operations of the Senate April 5, 2021 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.
A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S.
A divorce under this section shall not be barred to either partyby anydefense or plea based upon any provision of G.S.
Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S.
Whether there has been a resumption of marital relations duringthe period of separation shall be determined pursuant to G.S.
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.
Isolated incidents of sexual intercourse between the parties or cohabitation for financial reasons shall not toll the statutoryperiod required for divorce predicated on separation of one year.six months." SECTION 1.(b) G.S.
it being the purpose of this proviso to permit a divorce *DRS35171-LU-55B* General Assembly Of North Carolina Session 2021 after such separation of one year six months without awaiting an additional six months for filing the complaint:
it being the purpose of this proviso to permit a divorce *S459-v-1* General Assembly Of North Carolina Session 2021 after such separation of one year six months without awaiting an additional six months for filing the complaint:
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.
Notwithstanding anyother 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.
Page 2 DRS35171-LU-55B
Page 2 Senate Bill 459-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • Nickel

Not signed on (176)

176 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 459?
SB 459 is sponsored by Julie Mayfield (Democratic), Fitch, and Nickel.
What is the current status of SB 459?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 459?
Track SB 459 free on One Click Politics — get push/email alerts when it moves.

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