Residency Determination


#1

According to your article it states that the interpretation of a resident in NC consist of an individual actually physically present in the state for purposes of filing for a divorce. Can you please provide me with either the NCGS or where you are citing this definition from?
My spouse filed for a divorce and he is not currently physically in the state for 6 months prior to the filing and his complaint states that he is a NC resident.

Sincerely


#2

One element of an absolute divorce in NC is residency. At least one of the parties must have lived in the state for the six months preceding the commencement of the action. They must have been domiciled here, which means that it was the residence of the party and that the party has the intention to remain here. Without this requirement, NC has no jurisdiction to grant a divorce. See NCGS 50-8 for more.


#3

I understand exactaly what NCGS 50-8 is saying; thank you. Maybe I can rephrase my question a little.
My ex-husband filed the divorce complaint and it stated that he was a resident of NC, he was granted an absolute divorce based on a summary judgment. On the fact section of the summary judgment; fact #4 stated that he is a resident of NC when in fact he is out of the country working and was not physically present for at least 6 months prior to filling the complaint.
The judge granted a summary judgment for absolute divorce based on a lie that he was not a resident.
It is my understanding that if he filed the paperwork he should be a resident and if he is a non-resident then the case should go to trial.
Also on April 5, 1951 at the very bottom of that NCGS it states that if minor children are involved in the divorce then both parties SS# should of been placed on the paperwork. In fact, neither of our SS# is on any of the paper work.
My attorney also did not notify me as to when I had a court date or anything. I found out I was divorced through a letter my attorney sent in the mail.

Do I have grounds for appeal since the summary judgment fact section was not truthful, the SS# are not provided, and I was unaware of the fact that I had a scheduled court date?

Sincerely,
Tray


#4

There is no appeal available for the judgment of divorce. The only way to gain relief from the judgment is if the same was granted based on false information (ie: wrong date of separation). If there are false statements in the complaint, such as him claiming to be a resident and in fact neither of you were residents within those 6 months, your entire basis for the appeal lies on the fact that summary judgment was inappropriate to begin with based on the presence of disputed facts. Then you might have grounds for appeal. You must file your appeal within 30 days after judgment.


#5

Thank you so much for the information. You really helped me out a lot. If I decide to do the appeal: once the appeal has been filed in the court system, do I send him a certified copy of the appeal or just a copy of the appeal that the clerk did not sign/stamp?
Even though I file the appeal with the local court, do I still have to send a copy of the appeal notification to the court of appeals in Raleigh?


#6

It is difficult for me to give you more advice without getting some more information.What is the time line for when you and/or your spouse resided in NC? Are either of you in the military? When did both of you move out of the state? This time line will be very important for your appeal, in determining whether you even have a real basis for one. Additionally, when you were served with the initial complaint, why did you not respond that the information about residency was incorrect?