Residency

North Carolina Divorce Law Divorce and Separation Answers
1

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.

2

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

Only one of you need be a resident of NC for six months, so the Complaint does not present any issues. Prepare the judgment as you prepared the Complaint, the findings of fact should mirror the allegations of fact in the Complaint.

3

Ok, so then there’s no reason a Judge would not grant the divorce.

Thanks for the clear and concise answer!

4

Right. You are most welcome, I wish you the best.