State jurisdiction, and choice of filing?


#1

I’m not sure about the residency issue but sadly there is no way to “get out of” the one year one day separation in NC. If your wife has already moved out, then filing for divorce from bed and board is really only a formality that she is barred from returning to the home unless invited by you, which is already the case since. My husband’s attorney put that into his papers also, but it was never ruled on since his ex had left the home already also. It should not cause any legal problems for either of you.
In NC both parties are equally entitled to 1/2 of all marital debts and assets, regardless of marital misconduct. NC is a no fault state so the only thing that an affair really affects is an alimony claim. It would be a good idea to get an attorney to draw up a separation agreement, dividing all assets and debts now and have the stbx sign. This way there is not much to work out after the year is up. Your date of separation is Oct. 15th since that is when your stbx moved out. That means that October 16th this year you can file for absolute divorce. By that time your residency will not be in question.
Good luck!


#2

The reason I’m questioning my residency is because NC has a 6 month requirement before it gets jurisdiction. Pennsylvania does not require a length of separation before filing for divorce.


#3

It sounds as though you have lived in NC since at least June if not March of 2006, regardless of which month I believe that your residency requirement has been met. I’m not sure that you can file in PA still unless your ex moved back…hopefully an attorney will respond because I’m not sure but I think she would have to be the one to file if she did move back to PA. Since you have lived in NC for at least 6 months you are a resident and would need to wait the one year one day to file for divorce.


#4

I’m guessing that all the dates you list are all in 2006.

If so, you’ve almost certainly established NC residency, you’ve had a DL for almost a year, you’ve been working here for over a year, so as far as I can tell, you meet the 6 month residency requirement for NC (at the very least, it’d be very difficult to successfully dispute!), and you can file here in NC on October 16th of this year.

HOWEVER, it would be advisable to consult with a PA attorney before you make any decisions, and they can determine whether you can file in PA at all (some states do not allow non-residents to file, some do as long as the other party is a resident), and whether your STBX consents to the divorce decree is also important (in PA). (This is assuming STBX moved back to PA, if STBX did not, then PA probably lacks jurisdiction.)

There’s also questions of property division, separate maintenance/alimony, and it’s a good idea to determine which states’ laws can be applied to you (and under what circumstances), and which state’s law you would want applied to you. For example, if one spouse is adulterous (and the other spouse isn’t), alimony can be mandated (if the supporting spouse played around), or barred (if the dependent spouse played around) in NC. I don’t know anything about PA alimony law, but that’d be one thing to ask a PA attorney about.


#5

You have met the residency requirement, once you have lived in the State for six months, it would be calculated from the day you moved here and intended this to be your permanent residence.

There is nothing you can do in this state that would shorten the waiting period. A divorce from bed and board is not the same thing as a divorce. A divorce from bed and board is essentially a judicial separation that terminates your marital rights and duties, but it does not “divorce” you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

Is it possible to start the separation on March 1st 2006, when I moved to NC for my job? My wife stayed behind in Pennsylvania at that time. I had not known it but she intended on leaving me. After I purchased the house, she only stayed with me for about 3 months before moving out again.


#7

No. Your separation date is the date that one of you move from the marital home with the intention of separation and eventual divorce, and the other spouse must be made aware of those intentions. If she had come to NC and did not move in with you, then the March 1st date could be used. Sorry, but your separation date is Oct. 15th.


#8

This separation law is harsh. I can understand 6 months, but a full year… I just want to get this over with. Thanks for all your answers.


#9

I understand the way you feel, believe me. But consider the couples who have children. A year is a short time in comparison for everyone involved to get used to a new situation. Life is always changing and though children do adapt more quickly than we give them credit for it can take that year and sometimes longer for everyone involved to get their lives back into some sort of “normal”. I too think that with no children involved the year requirement is a bit much, after all, you don’t have to wait that long to get married. On the other hand, it shouldn’t be easy to break a commitment, even if it’s not your own choice for things to be over.
I will say this; be glad that your separation/divorce is amicable…this year could be a living nightmare as my husband’s was. Your ex could contact you every day with some sort of chaos, argument or confrontation. Your ex could come to your home demanding money that she believes you owe her, just because you were married to her, though she is the one that left you for another man. (Same thing my husband’s ex did) Your ex could demand everything that she wants out of the home in addition to everthing she took when she left, basically leaving you with a pot to pi** in and not much else. Be patient and thankful that you seem to have it “easy” in comparison. You’ll be surprised at how quickly it goes…


#10
quote:
[i]Originally posted by RickW[/i] [br]This separation law is harsh. I can understand 6 months, but a full year... I just want to get this over with. Thanks for all your answers.

Keep in mind, that if the state of your STBX’ current residence allows non-residents to file if the other party meets the residence requirement (and the separation requirement, if any, is still met), you can file in that state (consult an attorney licensed in that state to make sure, though) and IMNSHO, it should be valid everywhere. But, by doing so, you are definitely subject to the jurisdiction of the other state, which may have other consequences. (For example, the rules for ex parte hearings, and notice of same, can be very different between states.)


#11

The separation begins to run on the date that one of you intended the separation to be permanent. I believe that date would be after she moved out following the three months period. I’m sorry I don’t have better news for you.

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
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#12

I moved from Pennsylvania. It is where my wife and I were married for 5 years.

On March 1st I started a new job in North Carolina.

On June 5th, I was issued a NC driver’s license.

On October 15th, my wife moved out.

Our separation/divorce is amicable, but the reason she moved out was because she was cheating on me the last several years.

So now my question is - when did I officially become a NC resident to meet the 6 month residency requirement? If I filed for judgement of divorce from bed and board, could I get out of the 1 year separation requirement? If so, how does that officially reflect on my ex-wife? Would it cause any legal problems for her?

So what are my options?