How to file with a spouse living out of state?

Too add she is now residing in FL with another man for the past year. Isn’t that to be considered a common-law marriage?

Serving on the Foreword Edge of Freedom!!!

There are forms on this web site for do-it-yourself divorce. NC law is that if you have been living separate and apart from your spouse for one year and one day you can file for divorce. You must be living in NC for 6 months to be a resident and file for divorce here. She will have 30 days to file an answer to your divorce complaint and that usually just means for equitable distribution, but regardless in 30-45 days the divorce would be granted. One year one day separation is the only requirement.
I do not know what common law in Florida is. NC no longer has common law marriage. I do know that it would be considered adultery because she is still legally your wife…but as you said, move on and get this over with. There are also kits at some of the office supply stores that will help you with filing.
Good luck and Salute!

Dear Gman_j1w071a:

Greetings. Just file the divorce complaint if there are no financial issues. Also, no, we don’t have common law marriage in NC and if I remember from law school the general time frame that you would have to live with someone in the states that allow it is over 7 years. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 a military member that has been living in North Carolina for over 2 years now and my to-be-exspouse has not been with me the entire time. She had promised to do the divorce paperwork herself upon return from her contract work in Iraq but has not completed it. I am now faced with just wanting to get it over and done with and lack the know-how and where to start?

Thanks for the help and Cheers!!!

Serving on the Foreword Edge of Freedom!!!