If you have lived in NC for at least 6 months you can file here.
You are eligible to file for divorce if one of you has lived in NC for at least six months and you have been separated for one year.
It is possible that you will also be eligible in Virginia as well. You would need to consult with a Virginia attorney to find out.
However, jurisdiction for child support and child custody depend upon the residence of the children for the past six months, so it is important to know which suit you are considering filing, before we can fully answer question about jurisdiction.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.
My spouse and I were married in Virginia, but we lived in DC. We moved to North Carolina last summer. In May she decieded that she wanted to go back to live in the DC area. She stated that she did not want to remain in NC nor did she want to continue the marriage. I still live in North Carolina and she in DC. Do we need to file in Virginia?