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Old 02-26-2010, 09:11 PM
 
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I am a NC resident in the middle of my 1 year separation period for my divorce. I need to move home to AL to be near family, but I'm told that if I do, I can not file for divorce in NC. Is this true? I am told that only my husband can file if he is still living here. But he is out of work and sending out resumes everywhere, so there is a good chance he will move as well. Then is there a way either of us can file? Shouldn't it be based on where the "marital couple" last resided and not each individual?
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Old 02-27-2010, 06:09 AM
 
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I have used the following site and many similar sites on Google to ask free legal questions with excellent results. You can try it out.
Free Legal Advice: Legal Questions, Answers and Research on LawGuru.com
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Old 02-27-2010, 09:24 AM
 
Location: Yellow Brick Road
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If you filed legal separation papers (as we commonly refer to them) in the state of NC, then only NC can decree a divorce based on a one year separation, the way I understand it. The fact that you are not a resident at the time doesn't matter. You just come back, file the papers in the state of NC and appear in court, state that you have been apart one year and typically the judge decrees a divorce.

I would think you could call the Clerk of Court's office and get the procedural info from them as well as any forms which would need to be filed.
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Old 02-27-2010, 11:54 AM
 
Location: Charlotte, NC
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Check with the clerk of court to be sure. To my knowledge, there is no legal separation in NC. You can file a separation agreement, but that isn't a necessary step. I would assume one of you has to be a resident of NC for at least 6 months to file here. It's a confusing process, but if you get a nice clerk on the phone they should be able to answer your questions. You could also use NC's lawyer referral service and meet with a lawyer for 30 mins for $30 and get some q's answered. Good luck!
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Old 02-28-2010, 10:27 PM
 
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Your legal separation starts when one party has another residence. Papers can be filed but generally aren't necessary.
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Old 03-01-2010, 05:18 PM
 
48 posts, read 116,484 times
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Quote:
Originally Posted by Peace-Lily1227 View Post
I am a NC resident in the middle of my 1 year separation period for my divorce. I need to move home to AL to be near family, but I'm told that if I do, I can not file for divorce in NC. Is this true? I am told that only my husband can file if he is still living here. But he is out of work and sending out resumes everywhere, so there is a good chance he will move as well. Then is there a way either of us can file? Shouldn't it be based on where the "marital couple" last resided and not each individual?
Hi PL,

I'm a civil litigation paralegal in Charlotte, NC. I cannot give you legal advise because I am not an attorney so I encourage you to seek the advice of an attorney (I have to say that).

Where you separated has nothing to do with where you have to file. You file in the state in which you OR your husband have established residency. Each state has their time requirements for establishing residency. In NC one of the parties has to have lived here for 6 months preceding the institution of a new legal action. That could be you or your husband. If both of you move away and establish residency elsewhere, you will need to file for divorce in one of the two places you have moved to.

Why do you prefer to file for absolute divorce in NC over AL?

I would check how long you have to live in AL before you can file. It may only be 3-6 months. If that is the case, then it might be more reasonable to file there.

I'm assuming that child custody, child support, postseparation support, alimony and equitable distribution are not an issue in your case because you do not have to wait a year to address those issues in court...the year is for the actual divorce only...

Also, just a little tidbit of advice. Generally, jurisdiction is only an issue if one of you (husband or wife) make it an issue. If you decide to file your divorce in NC, it is not likely that the court will throw it out unless your husband has moved away AND he makes a big stink of it.
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Old 03-03-2010, 03:36 PM
jpq
 
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I moved out of state a week after being separated in NC. My NC lawyer told me I can file for divorce in my new state.
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Old 03-03-2010, 03:47 PM
 
Location: Charlotte, NC
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Originally Posted by jpq View Post
I moved out of state a week after being separated in NC. My NC lawyer told me I can file for divorce in my new state.
of course you can file in your new state, but how long you have to wait to obtain residency in that state varies and you must be considered a resident to file in any state. for example, NC requires you live here for 6 months and SC requires you live there for 1 year before you are allowed to file in said state. it gets tricky when you move and you need to be sure of the laws in your state before you file.
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Old 04-21-2010, 12:27 PM
 
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Originally Posted by lacey3eb View Post
of course you can file in your new state, but how long you have to wait to obtain residency in that state varies and you must be considered a resident to file in any state. for example, NC requires you live here for 6 months and SC requires you live there for 1 year before you are allowed to file in said state. it gets tricky when you move and you need to be sure of the laws in your state before you file.
When both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action.
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