Divorce Filing in NC when pending in other country


#1

Dear javaking66:

Greetings. When you say “divorce” do you mean just the absolute divorce or do you also mean equitable distribution, alimony, child custody, and child support?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

I mean no fault divorce with equitable distribution, alimony. We do not have kids so child custody and child support is not an issue.


#3

Dear javaking66:

Greetings. Please read our sight a little more. You can file for equitable distribution and alimony as soon as you are separated (someone can file for alimony before the date of separation also), but you cannot file for divorce until a year goes by.

Yes, you can file a voluntary dismissal without prejudice before your spouse answers and you may file in either county where you or she lives in North Carolina for at least the last six months. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#4

Hi,

Can I file for divorce in NC, if there is a divorce case pending in other country. I am not a US Citizen. I want to file in NC. Can I file the divorce case here while the same case is pending in other country. OR will I have to withdraw that case?

Either ways can you please indicate which statutes addresses this issue. I would be highly obliged.

Thanks