You may want to check into what the law is where you are moving. There may not be a year wait period in that state, but you may still have to live there six months to be considered a resident. Could end up being better to wait 5 months to file in North Carolina than to wait 6 months for residency in another state.


Dear Newlife72:

Greetings. If your spouse is still living here at the end of the year, and has lived here for six months preceding when you file, then you can file in the county where she lives. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.


I am 7 months into the seperation, and plan to file for divorce as soon as the year is up. If I moved out of state, can I file in N.C. when the year is up, or do I have to go by the laws of the new state?