Dear Have Faith,

As long as one of you has lived in North Carolina for a least 6 months prior to the filing of the divorce, you will be fine. If you execute a separation agreement, and move, then file less than 6 months after moving out of NC, you should check with an attorney in your new state of residence to find out what the residency requirements are for that state. It is likely that you would have to file for divorce in NC if you haven’t lived in your new state of residency for at least 6 months.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax

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.

When are you considered no longer a resident of the State of NC. For example, if my husband and I notorize a separation agreement here in NC. Then if we move out of NC say 2-3 months before we can file our divorce papers. Can we no longer file for a divorce in NC or do we have to wait 6 more months in a new state(s) before we can file for a divorce?