Leaving the state


If you are considered a resident of NC then you would need to go by NC laws. If you still maintain a residence elsewhere and are considered a resident there…then I would assume you can go by that state’s laws.

In NC there is no such thing as “legal separation”. You begin your one year one day separation requirement for filing absolute divorce, the day that one of you no longer lives in the marital residence and you begin to live separate and apart. I’m not sure I understand the question about moving out of state. If your husband does is not moving he can prevent you from moving with the children if you are NC residents. If you both are intending to move to a different state, then NC law would only apply if you plan to file for divorce in NC. In which case, after you meet the residential requirement for another state you would not be considered a resident of NC and would not file in NC.


i guess i don’t know what officially makes you a resident of a state?


In NC it is owning a residence, living and working here for 6 months.
I only mentioned that because I have a friend who’s employer resides officially in Fla due to their being no property tax or lower tax…something like that, they own a home there but drive here on Monday and stay through the week.


Even though he is in a contracted position, if you moved here then your state of residency is North Carolina. If you go to court you would use North Carolina law, if you choose to reach an agreement, you can use the law of whichever state the two of you agree upon. If both of you wish to move the laws of our state won’t stop you. If one of you wants to leave with the children and the other objects, then they could address that issue in court.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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my husband and i moved here 1 year ago from montana for him to take a contracted position. we have not started a legal seperation process. i have two questions.

  1. since he is in a contracted position, do we follow north carolina laws, or the state from which we came?

  2. if we indeed have to follow nc laws, would we be able to move out of the state? we have 2 children together.