Can a divorce action be filed in any county?

Spouse has filed for divorce in Wake county but both of us live in Durham county. Is there some way to get this moved to Durham? Spouse’s lawyer has his office in Wake County.

I am not an attorney, but I had a similar question when filing myself. I believe you can only file in the county of residence of the plaintiff or defendant. The lawyer’s office location should be irrelevant.

Venue for an absolute divorce is proper in the county in which either party resides. The absolute divorce can still be handled in Wake County, despite both parties living in Durham County, if you do not file any objections or motions to change venue.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you so much for your response. Do you know if there is a form that I would need to fill out to change this from Wake to Durham?

There is no pre-printed form. You would need to draft your own Motion to Change Venue.

Unless you are filing a counterclaim to the absolute divorce, then objecting to the venue will likely only delay the entry of your absolute divorce.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you very much for your help. Brian