North Carolina 2023-2024 Session Status: In Committee Bipartisan · 17 D · 3 R cosponsors

HB 604 — Create Domestic Violence Exceptions to One-Year Separation.

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 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

54 added · 53 removed

Plain-language change summary

In the revised version of House Bill 604, there were slight adjustments made to clarify the legal process for divorce actions involving nonresidents of North Carolina. Specifically, the amendment emphasizes that nonresidents must file their divorce action in the county where the defendant lives and explains how summons should be served to the defendant. These changes are important because they help ensure that legal proceedings are conducted fairly and in accordance with jurisdictional rules, ultimately providing clearer guidelines for individuals seeking divorce in North Carolina.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 604 Short Title:
604 Apr 13, 2023 SESSION 2023 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40329-ND-23A Short Title:
Representative Charles Smith.
Representatives Charles Smith and Lowery (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 CREATE EXCEPTIONS TO THE ONE-YEAR SEPARATION REQUIREMENT OF DIVORCE PROCEEDINGS WHEN A CONVICTION OF A CRIME OF DOMESTIC VIOLENCE HAS OCCURRED.
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House April 17, 2023 A BILL TO BE ENTITLED AN ACT TO CREATE EXCEPTIONS TO THE ONE-YEAR SEPARATION REQUIREMENT OF DIVORCE PROCEEDINGS WHEN A CONVICTION OF A CRIME OF DOMESTIC VIOLENCE HAS OCCURRED.
15A-534.1(a), against the other party or was convicted of a crime against the other party outside of this State that would have constituted a crime of domestic violence, as set forth in G.S.
15A-534.1(a), against the other partyor was convicted of a crime against the other party outside of this State that would have constituted a crime of domestic violence, as set forth in G.S.
it being the purpose of this proviso to permit a divorce after such the separation of one year without awaiting an additional six months for filing the complaint:
it being the purpose of this proviso to permit a divorce after such the separation *H604-v-1* General Assembly Of North Carolina Session 2023 of one year without awaiting an additional six months for filing the complaint:
Provided, further, *DRH40329-ND-23A* General Assembly Of North Carolina Session 2023 that if the complainant is a nonresident of the State action shall be brought in the county of the defendant's residence, andsummonsserveduponthedefendantpersonallyorserviceofsummons accepted by the defendant personally in the manner provided in G.S.
Provided, further, that if the complainant is a nonresident of the State action shall be brought in the county of the defendant's residence, andsummonsserveduponthedefendantpersonallyorserviceofsummons accepted by the defendant personally in the manner provided in G.S.
50-6.1, the complainant shall set forth in the complaint the grounds for the granting of that waiver.
50-6.1, the complainant shall set forth in the complaint the grounds for the grantingof that waiver.
and all such suits or actions for divorce, as well as the judgments or decrees issued andenteredas aresultthereof,arehereby validatedanddeclaredto belegal andproperjudgments and decrees of divorce.
and all such suits or actions for divorce, as well as the judgments or decrees issued andenteredas aresultthereof,areherebyvalidatedanddeclaredto belegal andproperjudgments and decrees of divorce.
1-148 or the requirements of this section as to verification of complaint or the allegations, statements or averments in the verification contain the language that the facts set forth in the complaint are true "to the best of affiant's knowledge and belief" instead ofthelanguage"thatthesameis trueto his(orher)ownknowledge" orsimilar variation in language, said allegations, statements and averments in said verifications as contained in or attached to said complaint shall be deemed to be, and are hereby made, a substantial compliance as to the allegations, averments or statements required by this section to be set forth in any such verifications;
1-148 or the requirements of this section as to verification of complaint or the allegations, statements or averments in the verification contain the language that the facts set forth in the complaint are true "to the best of affiant's knowledge and belief"instead ofthelanguage"that thesameis trueto his(orher)ownknowledge"orsimilar variation in language, said allegations, statements and averments in said verifications as contained in or attached to said complaint shall be deemed to be, and are hereby made, a substantial compliance as to the allegations, averments or statements required by this section to be set forth in any such verifications;
Page 2 DRH40329-ND-23A
Page 2 House Bill 604-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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1 sponsors · 24 co-sponsors · 154 not signed on

Sponsors (1)

Co-sponsors (24)

Not signed on (154)

154 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 HB 604?
HB 604 is sponsored by Charles Smith (Democratic), Lowery, Vernetta Alston (Democratic), Autry, Cynthia Ball (Democratic), Mary Belk (Democratic), Gloristine Brown (Democratic), Kanika Brown (Democratic), Terry M. Brown Jr. (Democratic), Deb Butler (Democratic), Maria Cervania (Democratic), Allen Chesser (Republican), Allison A. Dahle (Democratic), Gill, Harris, Pricey Harrison (Democratic), Zack Hawkins (Democratic), B. Ray Jeffers (Democratic), Ya Liu (Democratic), Tim Longest (Democratic), Lucas, Lindsey Prather (Democratic), Bill Ward (Republican), Julie von Haefen (Democratic), and Neal Jackson (Republican).
What is the current status of HB 604?
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 604?
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