Separation and Divorce if Moving out of State


#1

I will be moving to the state of South Carolina in a month for my job… My husband and I have been separated in the State of North Carolina for 3 months. My question is when it is time to file for divorce next year do I still file in North Carolina even though I will no longer be a resident of that state? Also in the separation agreement it states “Wife shall have sole Physical custody and shall have primary residency of the children, Wife does not need permission from husband to move children to another location.” Does this mean he cant stop me from moving the children out of state???


#2

You may file for divorce in NC so long as one of the parties still lives in the state. You are free to move to SC, and the agreement allows you to move with the children.