In order to establish residency in NC, you must be living here with the intent to remain here. The residency required for the filing of a divorce complaint is six months. Therefore, neither you nor your husband are eligible to file for divorce here.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com
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.
Dear Ms. Angel,
I understand that with my husband and I living in Europe, it is impossible to file for a divorce in the state of NC. I am trying to gather the information before I decide to move back to the US, about the whole process of applying for a divorce in the US. so, if move back to NC, with the intent to stay in NC, what kind of papers are necessary to prove the residency (and the intent to stay)…What kind of paperwork will I need to gather upon my return ? The plan is for me to return to the US, but I need to decide which State makes the most sense for me to apply from and establish residency in (I have lived in NC, MA, NY and California before)…A detailed response regarding EXACTLY HOW to establish residency in NC would be greatly appreciated !!! (and of course, the idea is to find a way to apply from NC and enlist Rosen Law Firm’s help)…
Thank you,
yours most sincerely,
Christina
quote:
Originally posted by Lisa Angel
In order to establish residency in NC, you must be living here with the intent to remain here. The residency required for the filing of a divorce complaint is six months. Therefore, neither you nor your husband are eligible to file for divorce here.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com
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.
Dear Mrs. Fritts,
I am posting this as a “new topic” as I am still awaiting a response and I think perhaps my topic was “lost in the shuffle”… Please find my answers to your questions below.
Cheers,
Christina
christinagoldoni
2 Posts
Posted - 11/03/2003 : 11:14:55
Dear Family Law specialist,
I am writing from out of state (actually from out of country) and am considering using Rosen Law Firm to gather the necessary paperwork for my divorce case.
I currently live in Italy (but my husband and I married in California). I am American, my parents live in NC currently and NC is where I grew up. I have read that 6 months residency time is required in the state of NC. Is it possibly to establish residency in NC as my US residence, but still continue to live here in Europe as well ? - i.e. re-open bank accounts in NC, have a North Carolina driver’s license etc?
How does one prove 6 months of residency prior to filing a divorce case ?
Thanks for your help - if I can find a way to meet the residency requirements, I would be interested in beginning to consult with Rosen Law Firm.
Christina
JanetFritts
USA
161 Posts
Posted - 11/03/2003 : 16:38:00
Where does your husband live? Are you interested in divorce only, or equitable distribution, alimony, etc?
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
christinagoldoni
2 Posts
Posted - 11/05/2003 : 05:29:48
Dear Ms. Fritts,
My husband also lives in Italy right now. We are trying to see whether to get the divorce it will be necessary for me to completely move myself and all of my belonging back to the US. It is a very amiable situation and the most simple of divorce cases you probably deal with. Just divorce. No children, no property to worry about.