Leaving a marriage is never easy, but for survivors of domestic violence, the legal process can add layers of stress, risk, and emotional hardship to an already painful situation. At Lincolnton Family Law, we understand that for many, divorce is about reclaiming safety and starting over. Unfortunately, under current North Carolina law, the process doesn’t always move at the speed survivors need.
The One-Year Waiting Period
In North Carolina, the law requires that couples live separately for one full year and one day before filing for an absolute divorce. This requirement applies to everyone, regardless of the circumstances that led to the separation. The intent behind the rule is to provide time for reflection or reconciliation, but for those experiencing abuse, this mandated waiting period can feel like a punishment, not protection.
Sarah Barrick, a North Carolina mother and survivor of domestic violence, found herself stuck in a legal marriage with a man she had a restraining order against. Despite providing photographs of bruises and other evidence, she was still bound by the one-year rule. During that year, she lost her health insurance coverage, struggled with serious medical conditions, and had to endure the possibility of encountering her abuser at work. Sarah started a petition to push for change, asking state lawmakers to make exceptions for cases involving documented abuse. Her story is powerful and inspiring, but it also reflects the harsh reality many survivors face across the state.
What You Can Do Now
While the law currently remains unchanged, there are legal steps survivors can take immediately to begin reclaiming their lives and establishing safety. One of the most important is obtaining a domestic violence protective order. Also known as a 50B Order, this court order can legally require an abusive spouse to stay away from your home, your workplace, and even your children. In some cases, the court may order the abuser to vacate the shared home, regardless of whose name is on the lease or deed.
At the same time, survivors can begin living separately from their spouse, which starts the clock on the one-year separation requirement. While a court doesn’t require a formal agreement to begin separation, it’s often helpful to have a written document outlining responsibilities related to housing, finances, and custody. A separation agreement, especially when reviewed and supported by a court, provides structure during a difficult time and can help protect your legal rights.
Navigating Custody, Support, and Safety
For those with children, protecting their wellbeing becomes the top priority. Survivors can seek temporary custody and child support orders while the divorce is pending. The court considers many factors when determining custody, including the presence of domestic violence, and strives to place children in the safest, most stable environment possible.
If you’re financially dependent on your spouse, it’s also possible to seek temporary spousal support. These types of support orders ensure you have access to necessary resources while awaiting the final divorce, especially in cases where illness, job loss, or other hardships are involved, as they were in Sarah’s case.
Why Legal Guidance Matters
Attempting to navigate this process alone, especially when abuse is involved, can feel overwhelming. At Lincolnton Family Law, we don’t expect you to know all the answers. That’s our job. We’re here to help you understand your rights, your options, and the safest path forward. Our team helps clients secure protective orders, negotiate separation agreements, pursue custody and support, and prepare for divorce once the waiting period has passed.
While the law may not always provide the flexibility survivors need, there are ways to protect yourself and begin healing during the separation period. You don’t have to wait passively or feel powerless. With the right legal support, you can start building a new chapter right away.
Let Us Help You Move Forward
If you or someone you care about is trapped in an abusive marriage, please don’t wait for things to get worse before seeking help. The one-year waiting period can feel like an impossible hurdle, but you don’t have to face it alone. At Lincolnton Family Law, we combine legal experience with compassion to help survivors navigate this journey and find peace on the other side.
Why Choose Lincolnton Family Law?
Choosing the right attorney is essential. Jennifer Hames and the team at Lincolnton Family Law bring a compassionate, understanding approach combined with a wealth of experience in family law. We focus on minimizing conflict and resolving issues efficiently to protect your future.
We understand the emotional and financial stresses involved in dealing with the law and court and are committed to making this process as smooth as possible for you and your children. Our local presence in Lincolnton allows us to be accessible when you need us, providing timely and effective legal solutions.
Navigating court doesn’t have to be a journey you take alone. Contact Lincolnton Family Law today, and let us help you ensure the best for you.
