Filling ina diffrent state


Dear roushrn:

Greetings. I do not know of the law in Washington, but I think that it is clear to me that North Carolina is the proper jurisdiction for all the issues. If he does object to the jurisdiction, and the case is returned to North Carolina, the one year separation rule would clearly apply for the divorce.

As I mentioned to someone else yesterday in a post, the “home of record” for the military is not dispositive for child custody and other issues in NC. You are a resident here for jurisdiction if you lived here for the last six months. Child Custody is also based on where the child and parents live, and in your case you have only been in Washington for 3 weeks, so NC would still be the proper place for child custody. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


I am filing for divorce in washington. My son and I have been here for 3 weeks. I am filing the divorce and the custody here but if my husband fights it it will be transfered back to north carolina. My first question is if he fights it since we have only been seperated for 3 weeks does the one year of seperation rule still apply?
My second question since he is in the air force and his home of record in in washington can he even file the child custody in north carolina or not.

Thank you

Rebekah Roush