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She Says Her Husband Cheated. The Law Won’t Let Her Divorce Him for a Year (with Jen Hamilton)

Criminal

Hosted by Phoebe Judge

25m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

Host Phoebe Judge talks with labor and delivery nurse and social media creator Jen Hamilton about North Carolina's restrictive divorce laws. After separating from her husband earlier this year following discoveries of infidelity, Hamilton realized she could not even file for divorce until completing a mandatory 366-day physical separation period. The guest explains how this 1931 law disproportionately traps spouses with fewer financial resources and lacks basic protections for domestic violence victims. Although her own legal battle will not benefit from proposed reforms, Hamilton is now advocating to change the law so that future couples do not face the same obstacles.

  • In North Carolina, couples must be physically separated in different locations for 366 days before they are legally permitted to file for divorce. 7:06
  • North Carolina divorce law contains no exceptions or protections allowing an expedited divorce for victims of domestic violence. 9:05
  • A woman going through a separation in North Carolina can face a public adultery trial if she goes on dates before the year is up. 18:18
  • North Carolina's mandatory waiting period laws were originally passed in 1931 with the stated intent to give women time to come to their senses. 7:55

Chapters

  1. 0:00
  2. 1:01
    Podcast Intro and Host Greeting

    Phoebe Judge introduces herself and the episode’s theme before launching into the main conversation.

  3. 2:17
    Jen Hamilton’s Background and Instagram Fame

    Phoebe gives context on Jen Hamilton, a labor and delivery nurse with a massive social media following.

  4. 3:38
    Legal Hurdles and the 366‑Day Rule

    The hosts discuss the practical challenges of the one‑year waiting period, including financial and logistical barriers.

  5. 4:40
    Jen’s Personal Experience with Infidelity

    Jen recounts discovering her husband’s secret TikTok and the emotional fallout that led to her separation.

  6. 8:54
    Domestic Violence Exception Debate

    Jen and Phoebe explore whether the law offers any relief for abusive spouses and the proposed reforms.

  7. 10:14
    Comparing State Divorce Laws

    The conversation shifts to how North Carolina’s rules stack up against other states’ waiting periods and divorce processes.

  8. 16:47
    Alienation of Affection and Other Oddities

    Jen explains the archaic alienation of affection provision and its potential implications.

  9. 19:57
    Motivation to Reform the Law

    Jen reflects on how her personal struggles and resources fuel her desire to change North Carolina’s divorce statutes.

  10. 22:12
    Future Outlook and Legislative Hope

    The episode concludes with Jen’s optimism about upcoming bills and the importance of listening to personal stories.

  11. 26:24
    Podcast Outro and Advertisements

    Phoebe wraps up the episode, thanks Jen, and includes sponsor messages before signing off.

Highlights

  • 1:46

    Meeting Jen Hamiltonstory

    Host Phoebe Judge introduces Jen Hamilton, a labor and delivery nurse and social media creator with millions of followers who is currently navigating a high-profile personal separation in North Carolina.

  • 4:40

    Discovering a Double Lifestory

    Jen Hamilton explains how she discovered her husband was running a secret TikTok account to message other women and purchase pictures, prompting her immediate decision to leave the marriage.

  • 7:06

    The 366-Day Ruledata

    The guest details the rigid North Carolina requirement that spouses live in separate locations for over a year before even filing for divorce, creating severe financial hurdles for stay-at-home parents.

  • 7:55

    Origins of the Lawinsight

    The discussion reveals that North Carolina's waiting period law dates back to 1931, with legislative arguments explicitly designed to prevent women from making independent decisions.

  • 9:05

    Lack of Domestic Violence Protectionsinsight

    The guest points out that despite extreme circumstances like abuse, North Carolina law offers zero exceptions to the mandatory one-year separation period.

  • 11:58

    Paternity Presumptionsinsight

    The guest highlights an absurd legal quirk: if a woman gives birth during the mandatory one-year separation, her estranged husband is automatically listed as the legal father on the birth certificate.

  • 18:18

    Facing Adultery Trialsstory

    The guest shares how dating during the mandatory separation period can result in a public adultery trial under North Carolina's archaic legal framework.

  • 20:22

    Fueling the Fight for Reformstrategy

    Reflecting on her own painful journey and the resources required to endure it, the guest explains why she is channeling her rage into campaigning for legislative change to protect others.

Quotes

  • “Did you know that in North Carolina, if you decide that you want to divorce someone, you have to stay married to that person for a full year?”
    Unnamed speaker · 2:41
  • “And so for a lot of people, that is not possible. I mean, like you think about like a stay‑at‑home mom who doesn't have any financial resources and like having to figure out how to have two, you know, locations that they're managing or financing until they can get divorced.”
    Unnamed speaker · 7:11
  • “So the misogyny within this law is baked in, you know? Like, they did not want women to be able to make decisions for themselves.”
    Unnamed speaker · 8:10
  • “I was told that the amount of people that actually, you know, like get back together is 1% to 2%. So we're requiring everyone to go through this to save 1% to 2% of people from getting remarried.”
    Unnamed speaker · 15:52
  • FAIRE 0:00–0:29
  • The Home Depot 0:31–1:39
  • Criminal Plus 13:20–13:26
  • Monarch 13:33–14:33
  • Bombas 14:40–15:41
  • The Home Depot 26:32–27:01

About this episode

Earlier this year, labor and delivery nurse Jen Hamilton announced to her millions of followers on social media that her marriage was ending. Now, she’s trying to change the state divorce law that’s keeping her married. You can also watch this interview at youtube.com/criminalpodcast. You can find Jen Hamilton on ⁠Instagram ⁠and ⁠TikTok⁠. Her book is called ⁠Birth Vibes⁠. Phoebe is going on tour this fall! Get tickets and see all of our tour dates at ⁠⁠thisiscriminal.com/live⁠⁠. Say hello on ⁠⁠⁠⁠⁠⁠⁠⁠Facebook⁠⁠⁠⁠⁠⁠⁠⁠, ⁠⁠⁠⁠⁠⁠⁠⁠Instagram⁠⁠⁠⁠⁠⁠⁠⁠ and ⁠⁠⁠⁠⁠⁠⁠⁠TikTok⁠⁠⁠⁠⁠⁠⁠⁠. Sign up for our ⁠⁠⁠⁠⁠⁠⁠⁠occasional newsletter⁠⁠⁠⁠⁠⁠⁠⁠. Follow the show and review us on ⁠⁠⁠⁠⁠⁠⁠⁠Apple Podcasts⁠⁠⁠⁠⁠⁠⁠⁠. ⁠⁠⁠⁠⁠⁠⁠⁠Sign up for Criminal Plus⁠⁠⁠⁠⁠⁠⁠⁠ to get behind-the-scenes bonus episodes of Criminal, ad-free listening of all of our shows, invitations to virtual events, special merch deals, and more. We also make ⁠⁠⁠⁠⁠⁠⁠⁠This is Love⁠⁠⁠⁠⁠⁠⁠⁠ and ⁠⁠⁠⁠⁠⁠⁠⁠Phoebe Reads a Mystery⁠⁠⁠⁠⁠⁠⁠⁠. Check out ⁠⁠⁠⁠⁠⁠⁠⁠our online shop⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

0:00
25:43

4,448 words · 5 speakers

Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.

Topics

  • North Carolina
  • TikTok
  • Mississippi
  • Birth Vibes

Page updated · transcript and summary are machine-generated