I lived in NC for over 30 years until about 15 months ago, when my wife (who still lives in NC) and I separated. I have been living in FL since that time. My wife is dragging her feet about filing and I feel like I may have to, but I am not sure if I can in NC and really don’t want to incur scorched earth wrath that would result from filing in FL. Our plan was to do it in a friendly manner in NC, but it is seeming less likely by the day. If I can’t do it in NC, maybe the threat of doing it here will get her moving.
If you’re referring to filing for absolute divorce, you can file in NC in the county in which your wife resides. The key is that at least one party is a resident of the State of North Carolina.
You could also file in Florida as long as you meet their residency requirements for filing court actions. This is usually six months.
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.