North Carolina 2021-2022 Session Status: In Committee 2 D cosponsors

HB 485 — Amend 1-Year Separation/Repeal Alienation of Affection/Criminal Conversation.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

36 added · 35 removed

Plain-language change summary

The amendment to House Bill 485 shortens the required separation period for divorce from 36 months to 18 months before a complaint can be filed, allowing couples to move forward with divorce more quickly. Additionally, it clarifies that if one partner is not a resident of North Carolina, the lawsuit must be filed in the county where the other partner lives. This change is important because it streamlines the divorce process, making it less burdensome for those seeking to end their marriages.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 485 Short Title:
485 Apr 1, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30221-LU-55C Short Title:
Representative Harris.
Representatives Harris, Dahle, and Gailliard (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
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.
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House 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.
Provided, however, that if the cause for divorce is one-year six-month separation, then it shall not be necessary to allege in the complaint that the grounds for divorce have existed for at least six months prior to the filingof the complaint;
Provided, however, that if the cause for divorce is one-year six-month separation, then it shall not be necessary to allege in the complaint that the grounds for divorce have existed for at least six *H485-v-1* General Assembly Of North Carolina Session 2021 months prior to the filingof the complaint;
it being the purpose of this proviso to permit a divorce *DRH30221-LU-55C* 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 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, anysuit 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 DRH30221-LU-55C
Page 2 House Bill 485-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 173 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (173)

173 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
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Frequently asked questions

Who sponsors HB 485?
HB 485 is sponsored by K. Smith, Harris, Allison A. Dahle (Democratic), Gailliard, Adcock, and Pricey Harrison (Democratic).
What is the current status of HB 485?
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 HB 485?
Track HB 485 free on One Click Politics — get push/email alerts when it moves.

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