Residency Challenged


#1

I had my soon-to-be-exwife served with divorce papers. I am a NC resident, she is a resident of Michigan and is in the military stationed in Virginia. The only ties she has to NC is we both have a house together. She is challenging the fact that she is a Michigan resident and is, infact a resident of Onslow County. Her driver’s license, vehicle registration and voter registration is all out of Michigan and she uses Michigan for State tax purposes (so she does not have to pay North Carolina State tax or State tax for any state she was stationed in) for the last . Does she have a “leg to stand on,” when it comes to her challenging her residency, and what are the requirements to be considered a resident of the State of North Carolina?
Many thanks!
J. Geller


#2

Your ex does not have to be a resident of North Carolina for the divorce to proceed. The only requirement is that one of you live in this state, and have lived here for more than six months.


#3

I think she is trying to challenge residency so she can file for child custody in North Carolina. Sorry, I did not realize that she left that out. Thank you for the quick reply.