Separation when one spouse is outside the state

I currently reside in Florida and my ex is in NC. I sought advice from a lawyer in FL but she said she couldn’t help me because I am seeking alimony and because of ‘personal jurisdiction’. We agree on absolutely everything except alimony. Is it possible to utilize Rosen Law Firm even though you’re not in the same county as the marital residence and ex-spouse?

Another question - Would I have to be in the same state to start proceedings against the ex and also does NC ever offer spousal support to one of the spouses prior to the 1 year separation time being met?

If you have not been a resident of Florida for Florida’s minimum residency requirement, then Florida will not have jurisdiction to handle the issue of alimony. If your spouse has lived in NC for the last 6 months, then you could file an alimony claim in NC in the county in which your spouse currently resides.

You do not have to be in the same state as your spouse in order to start divorce proceedings. Postseparation support and alimony can be awarded in NC at any time after the parties have separated.

Rosen Law Firm handles cases in Wake, Durham, Orange, Chatham, and Johnston Counties.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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