Jurisdiction of the case


#1

Hello,
I was married abroad in 1999, moved as family to Nebraska in 2009 and in August 2012 moved alone with kids to NC. We have no written agreements and have marital assets mostly abroad with some low-cost ones in Nebraska. If I go to court in NC, can it deal with division of marital property or just child support and custody? How does the procedure goes considering that my ex-husband is in Nebraska and is not likely to move to NC at all. Thank you.


#2

You can proceed with all your claims in NC if you have lived here for at least 6 months, but he may argue that venue is more appropriate in Nebraska, depending upon the location of property. For instance, if businesses or real estate needs to be appraised in Nebraska, and those experts need to testify, an equitable distribution claim may be better dealt with there.


#3

Thank you. Real estate is actually abroad and my ex-husband insists on selling it and dividing the remaining half-half. Can this claim be filed in NC? I was also told that he can be served with divorce papers only when physically present in NC.Is it so?


#4

Yes, you can deal with international real estate in NC.

No, he can be served in Nebraska.