You need to check and see what N.Y.'s laws are. In North Carolina you have to wait one year and one day to start your divorce. It might be quicker in N.Y., and if the other person still lives there, then you might have the option of filing there.
You have to be a residence of NC for 6 months. After six months you can file for a divorce. Since you already stated you have been seperated since 2004, you have already met the 1 year, 1 day requirement.
I moved to NC and was able to file for absolute divorce after 6 months. If you plan on doing your own divorce, make sure you file for absolute divorce and not divorce from Bed & Board. My husband paid a lawyer to file for divorce from his EX and the lawyer marked the wrong box. By the time we realized the mistake and tried to get in touch with the lawyer, he had been disbarred!!! What a waste of good money. I went on this website and downloaded the forms and now he has an ABSOLUTE DIVORCE which is hanging on the wall in a frame.
I was wondering if you knew if it really mattered much on what state a divorce was started in. As the previous person replying, I was married in another state, California, and have now lived in NC for nearly a year now. In my case we already had a separation agreement and set child support/visitation from that state as well. We have been legally separated for over 2 years now and I want to pursure an absolute divorce here in NC if a lawyer can legally do it here. Help.
James USMC
Dear Arshkosh:
Greetings. If you have lived in NC for six months, then you can file here. Thank you.
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
301 McCullough Drive Suite 510
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
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.
My husband and I have been living apart since October 2004. We never filed any seperation papers. July 2006 after being laid off, I moved to NC. I plan on staying in NC. I am finally ready to file for divorce. Do I file in NC or NY?