Filing From Out Of State?

Can someone please advise me how to file for divorce if I reside in another state? She is still in NC, we have been separated for 2 years. I began filling out the Complaint paperwork but it says “must reside in NC for at least six months immediately proceeding this action”. Thank you!

To file for an absolute divorce in NC, you must be a resident of NC and have been a resident for the past six months.

If you meet the residency requirements in your current state, you may be able to file there. Otherwise, if your wife resides in NC and has for the past six months, she can file for absolute divorce in NC assuming all the elements of an absolute divorce are met.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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