You became a NC resident after 6 months and NC law mandates one year one day separation requirement to file for absolute divorce. It sounds like you are ready to file. I do not think that you have to hire an attorney though I’m not sure of the procedure used. Some others or the attorney may have some advice on that…
I believe you are referring to an action for absolute divorce. If you already have a document settling your property and marital issues and it states your date of separation, you can give this to a new attorney to use as a basis to file for divorce. An action for divorce in North Carolina would be a new action.
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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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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My husband and I resided in South Carolina prior to our seperation in February 2007. Since then, it’s been 15 months and both of us have moved to NC. The SC attorney just advised us he cannot finish the filing due to our move but said it should not be an issue for a new attorney in NC to finish the filings and to just give them our decree of seperation. Is it really that easy or will the whole process have to be recreated? Thanks for any advice.