Filed for divorce- can I relocate out of state?


#1

Hello- Filed for divorce end of June, filed for motion in July, divorce hearing is set in 2 weeks. My x moved out of state in May. I want to move out of state before my divorce hearing for a job opportunity. I realize that I will have to come back for the hearing, or have an attorney step in for me. Can I legally move out of state once I have legally filed for divorce?


#2

No, you cannot move out-of-state prior to your hearing. My advice would be to hold off on your move until your divorce is finalized. The reason for that is the statute on absolute divorce in NC requires that at least one of the divorcing parties must live here for six months prior to filing, and have the intention to remain. In your complaint, you say that you are a NC resident and the judge will ask you at your hearing if all of the allegations in your complaint are true. If you answer yes, and anything in the complaint has changed, then you will have perjured yourself. So, you either should hold off on moving or move but file a new action for divorce in your new state if/when you can.