In North Carolina, a law that imposes a cooling off period can present a difficult problem if one spouse is being battered. Recently, Woman’s Day ran a piece about domestic violence and the difficulties of being an abused spouse who needs to get a North Carolina divorce. The article led off with the story of a 33-year-old woman who had enough proof of her estranged spouse’s violence to warrant getting a restraining order. Her proof included bruises. Yet, because she lives in North Carolina, she was subject to the state’s cooling off period of one year and one day from the date of separation before obtaining a divorce.
During the year and day, she had to keep paying for her husband’s health insurance until she couldn’t afford it. She suffered various health problems and needed a medical leave, during which time she lost her health coverage. When she returned to the job, she discovered that her spouse (who was also a former coworker) had been rehired, even though she had a protection order against him — and her employer was aware of it.
In November, she petitioned the governor, state attorney general, and the North Carolina General Assembly via Change.org, requesting an amendment to G.S. 50-6. This is the law that requires a cooling off period. In her petition she argued that if there is proof and an order, the victim should be able to file for divorce within 60-90 days because the existing law puts survivors of domestic abuse through unnecessary trauma and difficulty.