Married in one state live in another


#1

Dear Toast:

Greetings. First, if you have lived in North Carolina for at least the last six months, your residency is here in North Carolina and our laws guide the dissolution of your marriage. Where you live, not where you were married, matters.

Next, I would tell you to review the information on alimony, child custody, child support, and divorce on our website. If you can prove that your wife is cheating on you, it may mean that she loses her rights to obtain aimony form you. Finally, talk to an attorney before you take any action, as they will be able to help you determine how to substantiate the proof that your spouse is cheating. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#2

What if I was married in NC, and at the time of separation I moved to TN and file for Divorce in TN, and he still lives in NC. I think I only have to wait 6 months to file. Which law’s apply in the Divorce, NC or TN?[?]

JMB


#3

Dear Zonme:

Greetings. If you have obtained the residency requirements for Tenneesee (and note that I don’t know what they would be, although in North Carolina you would have to live here six months prior to filing an action except in some minor emergency cases) and you file your divorce action in Tenneesee before your X files in North Carolina, then your divorce action would triumph.

This is only for the divorce action, not child custody and other issues. Best of Luck

For "fedup"
This is why I was thinking of TN and not GA! Sorry again!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#4

Hi,

Me and my wife were married in Tenn. five years ago. We both have always lived in NC but just decided to get married there. My question is, I am finding out that my wife is having an affair. What are my legal choices? Divorce? child custody and money? I don’t think i can stay in this marriage knowing now what i do. Also, do Tenn. laws apply to our marriage for grounds of divorce or is it NC laws? I don’t know that they differ but…

Thanks,
Toast