I believe it doesn’t matter where he files with respect to NC or batonrouge. As long as he’s been a NC resident for 6 months, he should be able to file here in NC. I was married in SC and just obtained my legal seperation. And can and will file for divorce here in NC as well.
Greetings. I believe that your fiance can file here in North Carolina since this is his home of residence. You do not have to file for divorce where you were married under NC law.
After he files, he must serve her with the divorce complaint, which may take a while, depending on which method he uses to obtain service on his wife. After service is obtained, he must wait 30 days prior to filing for summary judgment and filing a notice of hearing. Then, after ten days he can go to the divorce hearing. On average, about 45 days - 60 days after service of the original divorce complaint. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.
My fiance has been separated from his wife for over 2 years. He’s filing for uncontested divorce how long will it take before everything is finalized will he have to file here or batonrouge because thats were he was married he has been in nc for three years he just returned from an 8month deployment to kuwait.