Hello,
I’ve lived in NC for 8 years. I separated from my husband in February 2020 into another residence. I moved in September 2020 to VA and plan to move back to NC in the summer of 2021. Where do I file for divorce?
Thank you
You can file for divorce in NC if your spouse is a resident of NC and has been for the 6 months prior to the filing of the absolute divorce action.
You can file for divorce in NC if you have been a resident of the State of NC for the 6 months prior to the filing of the absolute divorce action. Since you have been in VA since 9/2020, you cannot satisfy this requirement right now.
You can file for divorce in VA if you meet VA’s separation and residency requirements, as well as any other requirements for divorce. I am not licensed in VA and therefore unable to give legal advice for VA.
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.
Thank you! He lives in NC and has been there since September. He came back when I left. Do I need something to prove that he has been living there for 6 months? So just for clarification, I can file in NC because he’s been living there for 6 months come February 2021 (one year of separation) although I left in September? Or does it have to be both?
If your spouse has lived in NC since September 2020, then you could file for absolute divorce in March 2021, which is 6 months later. Only one spouse needs to meet the 6 month residency requirement.
You do not need any document to prove that your spouse has been a resident of the State of NC for the 6 months preceding the filing of the absolute divorce action. You written statement/allegation in the complaint, verified under oath, is sufficient unless your spouse contests it.
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.
Thank you, where do I find the paperwork to file in NC and will this be served to him? Do I need an attorney for this or can I do this on my own? We are not amicable, he may not sign it. What happens then?
You can file for absolute divorce or use an attorney, whichever you feel comfortable with.
If you choose to file yourself, check out our Do It Yourself Divorce Guide which has step-by-step instructions and all of the forms you will need.
You do need to serve the complaint and the civil summons on your husband after you have filed it at the clerk’s office. You will file in the county where he resides. You can serve him by certified mail or sheriff’s deputy. If you are worried that he might not accept a certified letter from you, then you should have him served by sheriff’s deputy.
There is nothing for him to sign or agree to in regards to the absolute divorce. Once he is properly served, he has 30-33 days (depending on how he is served) to file an answer. If he does not, then after the time period has expired for him to answer, you can schedule the court hearing. As long as you meet all the requirements for absolute divorce, the divorce will be granted by the judge.
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.
Thank you, do I have to physically go there to do this or is thing something I can do online?
No, you cannot file for absolute divorce online. You either must take the paperwork to be filed at the clerk’s office in the courthouse or you can mail it.
If you mail it for filing, you will need to include the original + 2 copies of every document, your payment, and a self-addressed and stamped envelope so the clerk’s office can return your filed copies.
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.
Thank you. When I file for divorce, will this be separate from the open cases that I currently have (started in April 2020)? Child Support, Child Custody, & Equitable Distribution? Or will this need to be included?
Filing now for absolute divorce will be a new claim and new court case and new file number. It will not be included within your currently pending matters.
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.
Can I file for absolute divorce while I have pending matters? Should I wait until the other matters have been completed?
Also, can I file for a restraining order in the midst of all of these cases? What does that look like if we have children together?
Yes, you can file for absolute divorce while you have these claims pending. You do not need to wait for them to be resolved as long as the claims have been filed.
You can file for a domestic violence protective order (DVPO) at any time the need arises. A judge may or may not order that the spouse filing the DVPO have temporary custody of the children, or a judge may order that the other spouse shall not have any contact with the minor children. This would be temporary until later resolved in custody court.
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.