Dear tbennie65:
Greetings. You cannot file in North Carolina until one of you has lived here for 6 months. I do not know about California’s laws, but if for example you had moved from NC to CA and had been in CA for 3 months, you could not come back and file in NC as a resident.
Now, I would suggest that you file where your spouse lives, since they are a resident of that state, or wait the next three months. Good luck and welcome to NC.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.