Residency Requirement


No, there is no special circumstance that entitles you to residency for under six months. However you can likely file in the state where your spouse is. In NC it is only necessary that one party live in state for more than 6 months. Check the law in Florida, if your soon to be ex is still there you may be able to obtain a divorce there.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


Is there a waiver or anything for active duty military members stationed in NC? We have known we wanted to get a divorce since I got orders from FL to TX, but I was only in TX for just under 6 months so I couldn’t file there. Since I’m active duty is there a special circumstance so I would not have to wait to be a resident of NC for 6 months?