Out of State Seperation 6 mo resident of NC


#1

From what I understand, only one of you have to be a resident of NC for 6 months to file for divorce, but you have to wait the one year before you can file for divorce. You can come up with a separation in the meantime to establish custody, child support and divide your assets to protect you.


#2

Thank you for your response. I went back and re-read and I understood it the same way. My mind is in a whirlwind right now and I don’t know up from down.


#3

Him moving out of state should have no effect on the dissolution of your marriage. You will need to wait one year and a day from the date he left, so next year at the end of November, you can file for divorce in the county that YOU have resided in for the previous 6 months. It makes no difference where HE lives. You will have to follow the rules for atttempting to serve him with the divorce papers, but if he’s up and disppeared or is hiding, you can serve him “by publication” (see info on this site). Your divorce can be final generally within a few months of your filing for it.

Sorry to hear of your troubles.


#4

Dear LindaW:

Greetings. Are you living in NC? If so, then you can still file for divorce in NC if you have lived here for at least 6 months preceding the date of filing. Good luck

Janet L. Fritts
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

301 McCullough Drive Suite 510
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

ROSEN.COM

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.


#5

My husband is in the military, and he does not live in NC. If I have lived in NC for at least 6 months and separated for a year, can he file for a divorce if I don’t wish to initiate the process?

Greetings. Are you living in NC? If so, then you can still file for divorce in NC if you have lived here for at least 6 months preceding the date of filing. Good luck


#6

Dear LindaW,

As long as one of you has lived in North Carolina for 6 months, either one of you can file for divorce here. If he is on a deployment you will not be able to file.

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

ROSEN.COM

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.


#7

My husband left on 11/28/06 and has never returned home-not even to get clothing. I have met with him once and taken him clothing in TN. One minute he says it’s over and he’s moving to TN (he’s already changed his address down there and is going to get a driver’s license down there)-I believe he is living with a married woman who is going through a divorce in TN-and then he says not to change anything. My question is, since he is “living” in TN, how will that affect a seperation/divorce since you have to be a NC resident for 6 months?