Moving out of State For Divorce

Dear Sally,

It depends on California’s residency requirements, and divorce laws. You will have to consult a California attorney for that information. However, if your husband files soon after you leave North Carolina, it is likely that you will have to come back to NC to defend the divorce. Many states require that you live there for a minimum 6 months before you can file for divorce in that state. Again, you’ll need to check with a California attorney to be sure.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax

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.

i have been living in NC since 1999. my spouse and i got married in 2000. we have been living at our residence since that time, we have been separated since april 2003 and i am fixing to move to california to get away from him, we cannot get divorced in NC because of the year long waiting period. will i be able to get my divorce in california from him or am i going to have to move back to NC to get the divorce.?

thanks, sally