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…

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?

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…

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


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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?