What County can I File Custody, Alimony, Equitable Distrib


#1

I was served a Divorce Complaint from my spouse who lives in Mecklenburg County. I live in Wake County. Do I need to respond in Mecklenburg to Divorce Complaint?

Even if I respond to Divorce Complaint in Mecklenburg County, can I file Custody, Alimony, and Equitable Property Distribution Complaints separately in Wake County where I live?


#2

You need to submit your answer to the divorce complaint to the Mecklenburg County Court. A complaint for absolute divorce is properly filed in the county that either the Plaintiff or Defendant reside in.

Pursuant to N.C.G.S. § 50-13.5(f) - “If an action for annulment, for divorce, either absolute or from bed and board, or for alimony without divorce has been previously instituted in this State, until there has been a final judgment in such case, any action or proceeding for custody and support of the minor children of the marriage shall be joined with such action or be by motion in the cause in such action.” So you will need to file any subsequent claims in Mecklenburg County.