Separated out of state

That will depend on who files for divorce. If your stbx remains here in NC and files for divorce then the one year one day requirement must be met in order to file. If you are the one that files, you will need to check with the state that you are a resident of for what their requirement is. It may come down to which state’s requirements are preferrable to you and your spouse…

No, if you are the legal resident of another state you may file for divorce there if you meet their requirements.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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I am separated, but living outside of NC. Does the NC 12 month separation requirement stand regardless of the divorce laws of the state where I will soon be a legal resident? (my spouse will continue living in NC)