If you get a divorce in CA, you will be following CA law and procedure on the matter, as well as their separation requirements (if any), and residency requirements.
If neither party is currently a resident in CA, you will be unable to get a divorce there.
It does not matter at all that you were married there.
I cannot advise you regarding the difference between North Carolina and California because I am not licensed in California.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 for your recent help regarding legal separation.
My next question is this. We were married in CA almost 17 years ago. (We have lived here 3 years). Are there any advantages to trying to obtain the divorce in CA verses NC? Is the wait (1 year, 1 day) the same?
Fred Lynn