How does the defendant respond?


#1

My wife has moved from our home in West Virginia to North Carolina. She is planning to file for divorce in a few days, although I don’t believe she can legally do that. (We have only been separate for just under six months.) What I need to know is how do I respond to the divorce papers? I haven’t seen any kind of forms anywhere for the defendant, just the plaintiff.


#2

I do not see from these facts how she can file for divorce in NC. The proper venue is likely WV. To file for divorce in this state, one of the parties has to have been a resident of NC for at least six months prior to the filing. Additionally, the parties must be separated a year and a day before a party can file.


#3

Would the one year and a day provision include Divorce from Bed and Board?


#4

No. Divorce from bed and board is a judicially ordered separation, not an actual divorce. These actions are used to have one spouse ordered out of the home. For an actual dissolution of the marriage you will have to live separate and apart for one year and one day prior to filing. She can’t get a divorce from bed and board since you are already separated.


#5

Thank you very much, I appreciate the information.


#6

You are most welcome. I’m glad I could help.