Canadian living in NC filing for separation

We recently moved to NC , 1 month a ago. Me and my spouse are Canadian citizen. I am primary bread earner in the house and my husband had minimum income. We have 2 kids 9 year old. I had come to US on TN1 visa and my husband stayed in US on TD (dependent visa). When we decided to get separated my husband left and went back to Canada while I am residing in NC with 2 kids. Do we have to get Canadian lawyer to file for separation or I can do it with lawyer in NC ??

You can resolve the marital issues out of court here in NC since you are a resident here However, you would be unable to file anything in court (the claim for equitable distribution for example) until you have been a resident of the State of NC for at least 6 months.

NC courts will not have jurisdiction over the children to issue child custody orders until the children have resided in the State of NC for at least 6 months.

Anna Ayscue

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

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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.

To file a claim before the North Carolina courts can investigate your child’s affairs, you must have resided in North Carolina for at most 6 months.