Residency Confusion


#1

My husband filed for an interim of ED, divorce of bed and board, and attorney fees. Only he moved out of state a month later. I since have moved out of state also. There was a hearing for the interim of ED but that has been it. The case hasn’t been “touched” in a year and a half, my husband and I have been separated for over 2 years, he has not lived in NC in 2 years, and I haven’t lived in NC in a year and a half. Am I allowed to file in my current state for an absolute divorce? Would the initial civil action for the divorce of bed and board still be an open case even though there was no hearing after I filed answers in 2012?


#2

To know whether you can file for divorce in whatever state you now reside, you’ll need to research the laws in that state to see what is required to exercise jurisdiction and file for divorce. As far as the divorce from bed and board action, since you voluntarily separated years ago, this action is moot. Divorce from bed and board is essentially a court-ordered separation.