Can I file for divorce from another state?


#1

Dear lostlady:

Greetings. You can file in NC if one of you lives here and is a resident. It sounds like NC continues to have jurisdiction. Which county does he live in and where is the property located (which county)?

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you so much for your reply. My husband lives in Wake Co. and the property is located in Wake.> I have been in Raleigh twice this year. Once in April and he refused to let me on the property and in the house, although I still have personal property there. He put me up in a motel and all but dared me to even come by the three days I had to be there. My second trip was last week to see my physician. However, my spouse was out of town.> He is willing to bring my property to me, but I don’t know if I have remembered everthing I left. I don’t wish to be confrontational but I have a right to go inside. We are not divorced or even legally separated. At this point in time we are legally married and have been for 39 years. Yet I have access to nothing and nearly everything is in both our names. I’ll leave it there for now as this is just the tip of the iceberg and I’m terrified he might find this info. in some way. As I said in my first message, I am pitifully illiterate on the comp. so forgive me if you find another message. Thank you so much for your consideration. Respectfully, lostlady


#3
quote:
Originally posted by lostlady
I quite apologize for being computer illiterate;re:above info and the fact that I'm back here again!> I need to know if my husband lives in N.C. and has the required residency necessary but I live in GA , can I file for divorce here with N.C. having jurisdiction? Or, do I have to move to N. C. and establish a 6 mo residency? If I file in GA, will this state have to have jurisdiction? Please advise as we've been married 39 years and he is trying to push me into signing a Contract of Separation and Property Settlement Agreement that he has pleaded for me not to show ANYONE! Therefore, I believe my only recourse is to file for divorce and ask for alimony and Equitable Distribution. All our real property is located in N.C., that I know about, and there are some very questionable transactions which have happened and are continuing to take place concerning other assets! He has cut me off from all monies except what he allows, so I know I must not hesitate a moment longer, and I am so freightened. He did threaten me one time, last November, if I took him to court but nothing since. This agreement is threat enough! I have been to see two attorneys here who advised me to get an answer to these questions from a N.C. source. Thank you for your patience and consideration. Respectfully P.S. I have gone back and removed certain info for fear of recognition and that CANNOT happen under ANY circumstances.

Yes, you can file as the plaintiff from out of state, in your husband’s jurisdiction. Just contact a North Carolina attorney by phone and they can help you by phone and mail. Your attorney can prepare the documents. Either you or your spouse can seek a divorce from a court having jurisdiction. (NC law allows after one year separation), just be sure you have properly reserved any issues that have not been settled in a property and separation agreement. This can be done at the same time you ask for the divorce. Just do not sign anything without first having an attorney review it.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.256.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#4

</font id=“Arial Black”></font id=“black”></font id=“size1”>I quite apologize for being computer illiterate;re:above info and the fact that I’m back here again!> I need to know if my husband lives in N.C. and has the required residency necessary but I live in GA , can I file for divorce here with N.C. having jurisdiction? Or, do I have to move to N. C. and establish a 6 mo residency? If I file in GA, will this state have to have jurisdiction? Please advise as we’ve been married 39 years and he is trying to push me into signing a Contract of Separation and Property Settlement Agreement that he has pleaded for me not to show ANYONE! Therefore, I believe my only recourse is to file for divorce and ask for alimony and Equitable Distribution. All our real property is located in N.C., that I know about, and there are some very questionable transactions which have happened and are continuing to take place concerning other assets! He has cut me off from all monies except what he allows, so I know I must not hesitate a moment longer, and I am so freightened. He did threaten me one time, last November, if I took him to court but nothing since. This agreement is threat enough! I have been to see two attorneys here who advised me to get an answer to these questions from a N.C. source. Thank you for your patience and consideration. Respectfully P.S. I have gone back and removed certain info for fear of recognition and that CANNOT happen under ANY circumstances.