NC Separation and moving to different state?


#1

You are correct, you must be separated (living at different addresses) for at least 1 year and one day before you can file for an absolute divorce in NC, and one spouse must be a resident of NC for at least the 6 months prior.

As far as I know, (otherwise my STBX is in for a nasty surprise), one party (as long as the other party stays in NC) can reside out-of-state. It can make handling the Separation Agreement & Property Settlement more expensive, depends on the attorney.

And get the separation agreement (including property distribution, post-separation support, and alimony) signed before you file for divorce. Filing for divorce (or responding to a divorce complaint w/o asserting ED/PSS/Alimony as counterclaims) removes the right to petition a court for them.


#2

Dear slangley:

Greetings. Yes, you can move if you want to. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

Hi, I’m new here. Been married for almost 3 years now, and have been with my husband for 8 years. I can’t take the fighting and mental abuse any longer. I’ll be breif. I am seeking divorce. I have read that you have to be separated for 1 year before a divorce can be finalized.

My question is this. We were married in South Carolina, but have resided in North Carolina for over 6 years now. Can I move to Colorado for the 1 year separation? It would be a permanent move. I cannot afford an apartment by myself here in NC while I wait for the 1 year separation but can stay with my parents in CO to get back on my feet. Is it OK for me to move out of state as soon as possible?