Janet Amburgey Discusses Proposed Changes to North Carolina Divorce Laws with WLOS News 13

North Carolina lawmakers are considering significant changes to the state’s divorce laws, including reducing the mandatory separation period, creating exceptions for certain divorcing spouses, and eliminating two longstanding civil claims arising from marital relationships.

In an October 7, 2026, interview with WLOS News 13, Janet Amburgey, a Board Certified Specialist in Family Law and partner at GHMA | LAW, discussed the proposed legislation and its potential consequences for North Carolina families.

While some provisions could make divorce more accessible, Amburgey cautioned that changes intended to simplify the process could also create unintended complications for people navigating divorce without fully understanding their legal rights.

What Would Senate Bill 626 Change?

Senate Bill 626, titled the Domestic Violence Divorce Reform Act, proposes several substantial changes to North Carolina law.

Under the legislation as introduced:

• The mandatory separation period for an absolute divorce would be reduced from one year to six months.
• Spouses without minor children could waive the separation requirement by mutual agreement in an uncontested divorce.
• Victims of domestic violence could seek divorce without completing the separation period, subject to specified documentation requirements.
• Cohabitation for financial reasons would not necessarily interrupt the separation period.
• North Carolina would abolish the civil causes of action for alienation of affection and criminal conversation.

These changes could fundamentally alter how divorcing couples approach separation, financial planning, and the resolution of marital disputes.

Why a Shorter Separation Period Could Have Unintended Consequences

During her interview, Amburgey explained that reducing the waiting period is not necessarily problematic in itself. Her greater concern involves the legal claims that must be addressed before an absolute divorce becomes final.

Under North Carolina law, certain claims involving equitable distribution and spousal support can be lost if they have not been properly asserted before the entry of a divorce judgment.

A shorter separation period could leave individuals with less time to understand their financial circumstances, obtain legal advice, and preserve important rights.

This is particularly consequential in divorces involving substantial marital assets, retirement benefits, business interests, or financial dependence between spouses.

Cohabitation and the Date of Separation

Another significant provision would allow spouses to continue living together for financial reasons without necessarily interrupting the statutory separation period.

Although this could offer practical relief to couples who cannot immediately afford separate households, Amburgey identified another potential complication: determining the actual date of separation.

That date can have substantial consequences in family law proceedings, including the classification and valuation of marital property.

Changes to the legal definition or treatment of separation could therefore affect matters well beyond the timing of an absolute divorce.

Changes to Alienation of Affection and Criminal Conversation

The proposed legislation would also eliminate two longstanding North Carolina civil causes of action: alienation of affection and criminal conversation.

These claims allow certain lawsuits against third parties arising from conduct involving a marriage. North Carolina is among the relatively few states that continue to recognize them.

Their proposed elimination represents another substantial shift in the state’s approach to marital disputes and the remedies available when a marriage breaks down.

The Importance of Understanding the Law Before Divorce

Amburgey’s comments highlight a fundamental consideration in family law reform: making divorce faster or procedurally simpler does not necessarily make the legal and financial consequences less complicated.

Changes to separation requirements, property rights, financial claims, and available remedies must be evaluated together.

For individuals considering divorce, understanding those relationships before a divorce judgment is entered can be essential to protecting their future interests.

Senate Bill 626 remains proposed legislation. North Carolina’s existing one-year separation requirement remains in effect unless and until the law changes.

Read the WLOS News 13 Interview

GHMA | LAW appreciates the opportunity to contribute a practicing family law specialist’s perspective to this important public discussion.

Read the full WLOS News 13 report, including Janet Amburgey’s comments:

North Carolina Bill Would Cut Divorce Separation Period in Half — WLOS News 13

For information about separation, divorce, equitable distribution, or spousal support in North Carolina, contact GHMA | LAW at 828-258-3368.