Need Help


I have a similar situation. My spouse and I were married overseas. My spouse has a permamnent work permit/greencard and I am a US citizen. Would that situation affect normal NC divorce proceedings?


To file for divorce in NC you or your spouse must have lived in the state for the 6 months immediately preceding the filing, and you must be living separate and apart for one year and one day. It is not necessary that your spouse be a citizen.
You will need to consult with an immigration lawyer to ensure there are no pitalls or mandatory support prior to filing for divorce.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


Hello - I have been married to since Dec. 2006. We got married in India and my spouse entered US on K3 visa 3 months ago. My spouse’s behaviour and the attitude is causing lot of problems in our relationship. My spouse has been like that since we got married but I decided to give it a chance thinking that staying together will make things better but it has made it worse. My spouse has still not received EAD. I would like to file for Divorce. I am a US Citizen.