I filed a complaint, and had my wife served by the Sherrif, for an Absolute Divorce based on 1 year separation. My wife filed an Acceptance of Service and Waiver of Right to answer with the Clerk of Court.
I have a court date of 10 March in Carteret County.
Problem: On my Complaint I did not indicate that I, the Plaintiff, have been a resident of NC for 6 months preceeding the action. I did however indicate that the Defendant has been a resident of Carteret County for 6 months preceeding the action.
My understanding of the law is that either the Defendant or the Plaintiff must be a resident of the state for six months in order to be granted an Absolute Divorce. Though not indicated in my Complaint, we have both been residents for 14 continuous years. I am currently a resident of Craven County where I have resided since 2006.
Question: Should I prepare the Judgement indicating that the Defendant has been a resident for 6 months preceeding the action, or does it not matter and I should leave it stating the Plaintiff has? Alternatively, is there a way I can change the complaint prior to the court date?
What I do not want to happen is for a simple error in understanding and document preparation to cause the judge to not grant my divorce and I start the whole process over.