# NC Separation and moving to different state? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 26, 2007, 6:58am UTC](https://forum.rosen.com/t/nc-separation-and-moving-to-different-state/4327 "2007-03-26T06:58:26Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Golfball](https://avatars.discourse-cdn.com/v4/letter/g/ee7513/32.png) [@Golfball](https://forum.rosen.com/u/Golfball)\ **Post date:** [March 26, 2007, 6:58am UTC](https://forum.rosen.com/t/nc-separation-and-moving-to-different-state/4327/1 "2007-03-26T06:58:26Z")
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. ---
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [April 23, 2007, 7:04pm UTC](https://forum.rosen.com/t/nc-separation-and-moving-to-different-state/4327/2 "2007-04-23T19:04:34Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![slangley](https://avatars.discourse-cdn.com/v4/letter/s/7993a0/32.png) [@slangley](https://forum.rosen.com/u/slangley)\ **Post date:** [March 25, 2007, 1:37am UTC](https://forum.rosen.com/t/nc-separation-and-moving-to-different-state/4327/3 "2007-03-25T01:37:07Z")
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?