Waiting period & what state do i file in?

It takes 6 months to become a resident in NC. You can file for divorce after one year and one month of living separate and apart from one another. If you and your ex have lived apart for 7 years, and you have lived in NC for at least 6 months, you can file for divorce here in NC. Child support would also be filed in NC since the children reside here.

If you have lived here continuously for the last six months, then you can file here. You have already satisfied the one year waiting period. Once you file you will have to wait thirty days after he is served.

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


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Me and my ex have been seperated for over 7 years (not legally), we have 3 children with each other and they all live with me in NC and we both also have one child from another person. Do we still have to go through any waiting period? Do I file here in NC or should I file in FL? I have lived in NC for the last year… I just want to get this done and over with…please help.