Filing for divorce

North Carolina Divorce Law Divorce and Separation Answers
1

Hello, and thanks in advance for any question you may answer.

I’ve served my year + 1 day of separation (plus a month) and would like to now file for divorce. I’ve relocated to another state approximately 4 months ago, but my soon-to-be exspouse still lives in wake county. As the plantiff, do I have to have resided in wake county for the past 6 months?
Also, our property distribution hearing is on the schedule for the coming months; does filing negate that in any way?
Lastly, I realize that I’ll have to be present to file the papers in wake county, but do I also have to be present at the court hearing 30 days later?

Thanks again,
lc

2

Divorce is an in rem action. As long as one party has lived here for the 6 months proceeding the action then the court has jurisdiction. Everything you want to file with regard to property and alimony must be filed before the divorce is final, or you lose the cause of action. If you don’t have an attorney you would have to appear. We’d be happy to help you accomplish this without return to NC.