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.
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 radio.rosen.com/live 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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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.