Waiting period for non resident

While I was in North Carolina, I moved out of the home with my spouse and lived in an apartment for one year and then moved back to the home with my spouse for 4 months and things were worse so now I have left NC and moved to Illinois. I want to file for divorce from my spouse who is still in North Carolina and I am wondering if the one year separation will still count. Since I now live in Illinois, do I still have to wait one year to file for a divorce from the NC spouse?

Since you moved back in with your spouse for a period of 4 months, the one year separation period will reset, so you will need to be separated for another one year period beginning the second time you moved out, regardless of where you currently live if the absolute divorce action will be filed in North Carolina.

You can file for an absolute divorce in North Carolina as long as the other spouse still resides in North Carolina and has done so for at least 6 months prior to filing.

If you wish to file for a divorce in Illinois, you will need to check with a family law attorney licensed in Illinois to determine if you are eligible to file there.

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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