NC County of Jurisdiction?


#1

My partner and I lived in Wake Country prior to the demise of our relationship. We rented out our jointly owned home. I moved to Wilmington, New Hanover County, with our 2 year old son. He moved to Palm Beach County in Florida to live with his girlfriend and her daughter.

He hired a lawyer in Cary, Wake County, to work on our custody/visitation/property settlement agreement.

He is not willing to negotiate an agreement or attend mediation. He says he is having his lawyer file for custody/visitation.

Which County will have jurisdiction?

Thanks for your time.


#2

You need to file a motion for a change of venue. Neither of you is residing in that county.

§ 50‑3. Venue; removal of action.

In all proceedings for divorce, the summons shall be returnable to the court of the county in which either the plaintiff or defendant resides.

[In] any action brought under Chapter 50 for alimony or divorce filed in a county where the plaintiff resides but the defendant does not reside, where both parties are residents of the State of North Carolina, and where the plaintiff removes from the State and ceases to be a resident, the action may be removed upon motion of the defendant, for trial or for any motion in the cause, either before or after judgment, to the county in which the defendant resides. The judge, upon such motion, shall order the removal of the action, and the procedures of G.S. 1‑87 shall be followed.