Both of us left NC - where to follow up post divorce, ex is military (army)?


#1

I have an ex who is still in the military, we divorced while stationed in NC. We both now live in states outside of NC. Would I file a petition to revisit alimony in NC even though I no longer live there? I have been told my current state of residence does not have alimony and is not friendly to the dependant spouse. Thank you in advance!


#2

North Carolina will not be the proper state for you to file an action because you are not a resident of North Carolina. For marital issues, you must have been a resident of North Carolina for at least six months in order to file a court action. Furthermore, you would not be able to file a new alimony action since you are now divorced. However, if you want to modify an alimony award and cannot register your order for enforcement and modification in your current state of residence, you may be able to file a modification in North Carolina under the original file number.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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