Are Waiting Requirements for Divorce Incompatible for Certain Marriages?

 

            This guest post is courtesy of Alyssa Schiefer, Regent Law 2L:

Some states have restrictions that can affect the timeline for a divorce. Some states like North Carolina require a one-year separation period before a court can divorce a couple. This separation period encourages reconciliation, prompts mediation, and provides time to consider the logistics of other divorce issues. Encouraging reconciliation, if possible, should be one of the most important aspects of divorce proceedings. However, there are sometimes when reconciliation is not possible.

Although seemingly a good thing, a period of separation requirement can be especially daunting for individuals subject to domestic abuse. A one-year waiting period means that domestic abuse victims must live separate and apart, while legally connected to their abuser, and even possibly be obliged to financially support or care for their abuser. North Carolina is not the only state that requires a length of time of a period of separation, some states even require separation for two years!

The issue of whether states should require a period of separation in divorces claiming domestic abuse is widely debated. There is a precarious balance between the state’s interests in protecting marriages and the protection of victims in dangerous situations. Several states have either taken action or tried to take action in protecting domestic abuse victims when it comes to divorce requirements. While it does not look like this mandatory year-long separation requirement will be changed anytime soon in North Carolina, the best thing someone who is in a domestic violence situation can do is to contact a family law attorney. A family law attorney can help get you a protective order, inform you of your rights and responsibilities, and inform you of additional safeguards to work toward justice.