NC Separation and moving to different state?

In NC the requirement for divorce is one year one day separation. You can not file for divorce in NC unless you are a resident which is 6 months living in NC. Providing that there are no children involved which could complicate things, you can move out of state. Colorado may not have these same requirements for residency or filing for divorce, you may want to check their laws.

In North Carolina the only grounds for divorce are separation for one year and one day. You can move out of the state, there is no requirement that you remain here. If your spouse remains in North Carolina, you can file here after you have been separated for a year and a day. If he leaves the state as well, you will need to contact an attorney in Colorado and find out what the requirements are to file for divorce in that state.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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


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.

Things are on the downhill for me and my husband. We want a divorce and I have a few questions. Can I move out of state for the one year separation? I can’t afford to get an apartment here in NC for the one year, but can move in with my folks in Colorado.

Also, is the ANY way to jusy get the divorce WITHOUT separation? There has been no cheating, but he doesn’t wear his ring anymore and doean’t want to get back together. The mental abuse is exausting. I have no family here and just need some advice. Thank you in advance.