North Carolina vs Nevada Divorce-Husband has moved to Nevada

My husband moves to Nevada to work in the winter months. He has had 4 affairs I am aware of. I have sent him notice citing NC statute that he may not move back into our house. We are separated. I have filed no paperwork other than notifying him. He has mentioned staying in NV and filing there as it is only a 6 week residency to file. He likely will return to NC to work very soon. I am worried what he may do.
Do I need to officially file anything with the county/state?
Will it hurt me in property division if he files in NV?
Will his marital misconduct financially and affairs help me in divorce?
Should I wait until he returns to NC to file anything?
Please help I am so worried and do not know how to proceed.

I just this instant received notice he will be returning to NC.
Do I need to file anything?
As I said above-I have sent him notice we are separated and that he may not enter the house citing NC statute 141-34.3.
He has arranged for other housing- he wants to reconcile- I do NOT!

  1. There is nothing you must file at this time, but you are eligible (because you are separated) to file a court action for equitable distribution (property division), and if needed postseparation support, alimony, child custody, and/or child support. You would file in NC in the county you reside.

  2. If he files in Nevada then there would be court dates in Nevada. I am not licensed in Nevada and cannot determine how property division might play out in Nevada courts.

  3. Yes, if you can prove that your husband committed at least one act of illicit sexual behavior during the marriage, then you would be entitled to alimony from him if you are the dependent spouse. If any of his marital misconduct had an economic impact on the marriage, then you could be entitled to consider of this in an equitable distribution (property division) case.

  4. You can file a court action at any time in NC as long as you are separated and you have been a resident of the State of North Carolina for at least the past 6 months. Note that it may be easier to serve your husband in NC than in Nevada if you have a NC address for him.

We offer two free Webinars, Divorce Legal and 50 Divorce Tips in 50 Minutes, that you may find very helpful as you begin your separation. These webinars will give you lots of information about the divorce process and they are presented multiple times a week.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.