Seperationg and moving to another state


#1

if my spouse and I seperate and I move to georgia, do i file for divorce in Ga. or do i come back to NC to file for divorce. The law in Ga is both spouse have to agree to the divoce. What do I do if my spouse does not agree with the divorce…


#2

If one spouse remains in this State you may file the action in NC, regardless of where you are living.


#3

Since in north carolina if one of the spouse does not want the divorce, and the other does. and if Ga the laws are different, it seems to me it would benefit me to come back to NC and file for divorce in NC ? isn’t that correct.


#4

Consent to a divorce is not required in North Carolina.


#5

You would need to file in whatever state your STBX resides in (and meets the residence requirements for divorce in that state.)

The reason for this is that in your case, unless your STBX lives in Georgia (or is served in GA or has other sufficient contacts with GA), the GA courts may not have jurisdiction over your STBX. While they could dissolve the marriage w/o running afoul of constitutional issues (these are aside from the state concerns), but they could not divide any property outside GA, require your STBX to pay support to you, etc.