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
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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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.