Moving to the state

Dear BuRn:

Greetings. You may file for divorce in North Carolina after you have been separated for one year and you have lived in North Carolina for at least six months preceding the date of filing for divorce. Please remember that you lose your rights to alimony and equitable distribution when the divorce is granted, so you should ensure that you resolve these issues with your spouse by separation agreement or court order prior to the divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.

I am planning to leave my husband and move to NC in the next few months. I realize I have to wait 6 months after moving there to file for divorce and also have to take in consideration the 1 yr separation period. However, will I be allowed to file for divorce in that state or will it have to be done in SC where I am currently residing?