Relocating to NC, how to get NC state jurisdiction in out of state domestic violence

I need some advice please!! I am planning on leaving my home in Maine with my child and relocating to NC. My husband has been subjecting me to physical, emotional, financial abuse for years. I have no family or resources in Maine and I have not filed for divorce yet or reported any violence to police out of fear. I do have a large amount of evidence, pictures, videos, recordings, texts, journal entries over years all documenting extreme abuse. Including abuse while pregnant. I also have 3-4 witnesses who are willing to testify to it. My plan as of now is to relocate to NC to live with a family member until I get my feet under me. I want to file for custody, restraining order and divorce but I do not want to file in Maine out of fear that I would be stopped from moving to NC and that I would be stuck in Maine homeless with no help or support. I cannot stay in my home, it’s owned by my husbands parents wrapped in a trust, it won’t matter in the divorce so I have no interest in the home. The Only thing that matters to me is my daughter and I’s safety. my husband is abusive to me on a regular basis in front of our 2 year old and it seems my best option is to leave. I’ve heavily weighed all my options. Any Suggestions for how to get NC state jurisdiction immediately to file for custody/restraining order/divorce??? This is an emergency situation won’t I be able to gain NC state jurisdiction without waiting 6 months based on the nature of my circumstance?Thank you for reading and offering advice. It is greatly appreciated in this dark confusing time.

NC will not have jurisdiction for you to file a child custody action until the minor child has lived in NC for at least 6 months. You should check with a family lawyer in Maine to determine if leaving the state with a minor child could cause further problems or not.

You will not be able to file for absolute divorce in NC until you have been a resident of NC for at least 6 months and have been separated for at least one year.

You can file for a domestic violence protective order in NC as long as you are a resident of NC, but you may have a difficult time ensuring that NC has personal jurisdiction over your husband if continues to reside in Maine and never comes to NC.


Anna Ayscue

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

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