Can I file in NC

I moved to NC to care for my parents in August, Can I file for my divorce in NC when my spouse is in CA? I do not have any legal proof of my move in August. My DL is now since February in NC though. Where to File? NC or CA No minor kids.

Yes, you can file for absolute divorce in NC as long as you have been a resident of the State of North Carolina for the 6 months preceding the filing. You do not need to prove your residency, but you will need to swear/affirm its truth when you verify (sign) your absolute divorce complaint and file it with the court.

Check out our free Do It Yourself Divorce Guide which includes step-by-step instructions and all the forms you’ll need to file on your own.


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.