NC Divorce Laws for Foreign Immigrants


#1

I am a foreign immigrant from India and need information regarding any specific/extra laws or procedures or documents needed for obtaining Divorce in NC. I am interested in DIY process of obtaining divorce, so any info regarding specific instructions to do/complete for foreign immigrants would be greatly appreciated.


#2

It would help if you gave a lil more information. How long have you been here in NC? Are you divorcing someone in NC or India?


#3

There are a few different ways to obtain a divorce in NC. All require that you be a resident of the state for at least six months and be separated for a year. After that, the process will depend on your county of residence. It involves filing the complaint, serving the complaint on the opposing party, and either submitting paperwork to the clerk or scheduling a hearing. If you have more specific questions or want assistance with forms, you should consider using Rosen Online. www.rosen.com/online


#4

Thank you Kathleen Putiri for replying.

Currently, I have been a resident of NC for past 3 yrs. My spouse and I have been separated for more than a year now (spouse currently working/living in Texas), with the intent of separating, but we are not US citizens. We have no joint accounts, property or childern. Based on your reply, it looks like, I have to file the complaint, serve the defendent(Spouse) and wait for the court hearing. There doesn’t seem to be anything specific procedures for residents of NC who are not US citizens on filing for Divorce using the DIY process. This is my main concern. Please confirm.

Another Q is, my passport still has my maiden (Legal) name(use that for all purposes including working and Visa), while the marriage cerfiticate has my spouse’s family name. Do I still need to file for Change in Name.

Thank you in advance.


#5

The only requirement is that you be a resident, so yes, you can get divorced here.

We do not have that problem in NC since we have to ask for a name change after the marriage. You should ask for one to be on the safe side even if you don’t have to have any documents altered to reflect your maiden name at this time. It’s a nominal charge and will save you substantial hassle than having to do it at a later date.


#6

I agree with you.