I have a property settlement agreement I need to be divorced


#1

I have a property settlement agreement sanctioned by Beaufort County Court. All I need a divorce decree. We have been apart for 3 years.
Neither of us reside in NC anymore. Im told that North Carolina does not have jurisdiction over the divorce!
What do I do now?
lilly1


#2

You should be able to get divorced where you reside. Talk to a divorce attorney in the state you live in.


#3

I just did yesterday. She informed me that I should speak with the Beaufort County Clerk.And that I should be able to get a divorce in NC.
I explained about the six month issue (which my NC attorney never informed me about until recently) and she said that didn’t make any sense.
Im like a ping pong ball getting tossed back and fourth!
This has been going on for three years .The property settlement hearing was in February 2012. My attorney never told me we should move quickly. I have lived in RI for 4 years. If my husband would move we would have a problem.its taken me all this time to come up with the additional 800. he wanted to file for the absolute divorce.
I need and want closure!
What shall I do?
I’m getting desperate.
Lilly1


#4

I spoke with an RI attorney yesterday.
She said that she was not familiar with he 6 month rule for absolute divorce in NC.
She told me that I would probably have to start the entire process over in RI.
That makes no sense.
I have paid a Greenville attorney 10,000. and I’m still not divorces.
I have lived in RI for 4 years. My husband move out of NC in the spring.
My attorney never informed me about one of us having to live in the state for 6 months. it has taken me all this time to come up with the 800.00 he wants to file for the absolute divorce and now it seems he can’t.
What can I do? I’m getting desperate.
Lilly1


#5

The statute for divorce in NC states:

§ 50‑6. Divorce after separation of one year on application of either party.

Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50‑7, a plea of res judicata, or a plea of recrimination. Notwithstanding the provisions of G.S. 50‑11, or of the common law, a divorce under this section shall not affect the rights of a dependent spouse with respect to alimony which have been asserted in the action or any other pending action.

Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to G.S. 52‑10.2. Isolated incidents of sexual intercourse between the parties shall not toll the statutory period required for divorce predicated on separation of one year.

NCGS 50-8 also states that if the complainant is a nonresident of the State action shall be brought in the county of the defendant’s residence, and summons served upon the defendant personally or service of summons accepted by the defendant personally in the manner provided in G.S. 1A‑1, Rule 4(j)(1). Notwithstanding any other provision of this section, any suit or action for divorce heretofore instituted by a nonresident of this State in which the defendant was personally served with summons or in which the defendant personally accepted service of the summons and the case was tried and final judgment entered in a court of this State in a county other than the county of the defendant’s residence, is hereby validated and declared to be legal and proper, the same as if the suit or action for divorce had been brought in the county of the defendant’s residence.

Since you do not live in NC and have resided in RI for 4 years, and since your husband no longer lives in NC, you would be best served by seeking a divorce in your state of residence or that of your husband.