Residency Requirements to file Divorce

North Carolina Divorce Law Divorce and Separation Answers
1

The sticky note is wrong. If the complaint indicates that the Defendant is a citizen and resident of NC and has been a citizen and resident for at least 6 months the divorce should be granted.

I have no idea what to tell you about the episode with the clerk. Even if you have incorrect info in the complaint it still isn’t up to the clerk to decide what to do with the pleading. Their job is to file the document as you have requested.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

2
quote:
Originally posted by elcbThank You![:)]
I've read in two places that the law for Residency requirements when filing for a divorce in NC states that either party should be a resident of the County in which filing takes place at least 6 months.

My spouse has lived in NC over the last 5 years, however, I am a resident of Georgia. As I have tried to file a complaint/petition with Durham County, the petition was returned to me with a “post-it” note and unsigned by anyone, saying “you have to be a resident of NC six mos prior to filing a divorce.”

As this was mailed from the Clerk of Superior Court’s office, I first find this contrary to the stated laws, and secondly, very “tacky” in terms of a communique from an official court.

Can you share what is in fact the Law and how I can go about getting this petition filed?

Your response would be greatly appreciated

ECBrown

ECBrown

3

Thank You![:)]

ECBrown

4

I’ve read in two places that the law for Residency requirements when filing for a divorce in NC states that either party should be a resident of the County in which filing takes place at least 6 months.

My spouse has lived in NC over the last 5 years, however, I am a resident of Georgia. As I have tried to file a complaint/petition with Durham County, the petition was returned to me with a “post-it” note and unsigned by anyone, saying “you have to be a resident of NC six mos prior to filing a divorce.”

As this was mailed from the Clerk of Superior Court’s office, I first find this contrary to the stated laws, and secondly, very “tacky” in terms of a communique from an official court.

Can you share what is in fact the Law and how I can go about getting this petition filed?

Your response would be greatly appreciated

ECBrown