Moving Out of State Before Divorce Final

My (ex) husband and I have been legally separated and living apart for nearly 2 years now in the state of North Carolina. We agree on all asset and custody issues.

We decided mutually to move back to Wisconsin (separately) on July 1 of this year - in just 20 days. I have read Wisconsin divorce laws, and it looks like it’ll be A YEAR before I’ll be able to be divorced from him. I need this to happen much sooner at this point.

I do not believe he will pursue any litigation. If I file before we leave, what is the likelihood we will need to return to NC for anything after moving?

You are eligible to file for absolute divorce in NC.

Without an attorney representing you, you will be required to attend court for the divorce hearing which typically happens 2-3 months after the filing of the divorce complaint.

If you have an attorney to represent you, you would not need to be present for any court hearings as the attorney can appear on your behalf without you for an absolute divorce.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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