North Carolina 2023-2024 Session Status: In Committee 6 D cosponsors

HB 657 — Amend 1-Year Separation/Repeal Alienation of Affection/Criminal Conversation.

Last action — Withdrawn From Com

  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 2023-2024 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 657 changed the waiting period for filing a divorce from 36 months to 18 months after separation. This change is significant because it allows couples to finalize their divorces more quickly after a separation, reducing the time they need to wait before initiating legal proceedings. Additionally, it clarifies some requirements for nonresidents filing for divorce in North Carolina, ensuring that their actions remain valid even if not in their defendant's county of residence. Overall, this amendment aims to streamline the divorce process and provide more flexibility for individuals navigating it.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 657 Short Title:
657 Apr 17, 2023 SESSION 2023 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40340-NJ-50 Short Title:
Representative Harris.
Representatives Harris, Price, K.
Brown, and Prather (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.
Rules, Calendar, and Operations of the House April 18, 2023 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 *H657-v-1* General Assembly Of North Carolina Session 2023 months prior to the filingof the complaint;
it being the purpose of this proviso to permit a divorce *DRH40340-NJ-50* General Assembly Of North Carolina Session 2023 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 DRH40340-NJ-50
Page 2 House Bill 657-First Edition
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Action History

  1. Withdrawn From Com

  2. Re-ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  3. Passed 1st Reading

  4. Ref To Com On Rules, Calendar, and Operations of the House

  5. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 7 co-sponsors · 169 not signed on

Sponsors (3)

Co-sponsors (7)

Not signed on (169)

169 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

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Frequently asked questions

Who sponsors HB 657?
HB 657 is sponsored by Harris, Renée A. Price (Democratic), Kanika Brown (Democratic), Lindsey Prather (Democratic), Autry, Mary Belk (Democratic), Gill, Pricey Harrison (Democratic), Lucas, and Marcia Morey (Democratic).
What is the current status of HB 657?
This bill died with 2023-2024 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 657?
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