Residency


#1

I don’t know exactly what you are asking. After 6 months you would be considered a resident of NC. If your spouse files for divorce in FL then that would be where it is handled, because your spouse is still a resident there. You should be considered a NC resident in the divorce action…


#2

I guess what I am asking is that if my husband contests my being a resident in NC before I actually become one will that interfere with obtaining residency because it is being contested?


#3

You can not claim to be a NC resident until after 6 months legally so there’s nothing to dispute. If he files for divorce prior to your becoming a resident then it will show you as a resident of FL. If druing that time prior to absolute divorce being granted you become a NC resident the divorce should read as such. To my knowledge he can not interfere with you becoming a resident here for any reason…


#4

If you are asking if you can file in NC if the case takes longer than 11 weeks to resolve in FL, the answer is no. Once he has filed in FL you cannot file in NC and ask them to resolve the same issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I have 11 weeks of 6 months left to establish residency in NC. If my spouse files for divorce in FL and tries to negate my resideny in NC, if it takes longer than the 11 weeks and I am still in NC will my residency still become established during that time?