What county is considered resident county?

My STBX moved out of the marital home almost 5 months ago and has been living in another county during this time. He hasn’t signed a lease or bought a place and is staying at a friend’s place for free during this time. Anyway, I’m putting our child custody/child support & equitable distribution in a Consent Order/Judgement in lieu of a separation agreement but when it comes to the part of listing the county he is a citizen and resident of he insists on listing the county our marital home is in, even though he hasn’t lived in this county since January. What county does he list? Does it matter if his cars are still registered in the county of our marital home? I don’t want something like this to cause issues.

In this situation, I would strike the part about being a citizen and simply say, “Defendant is a resident of _____ County, North Carolina,” assuming your husband is the defendant. You should also strike the citizen part for you too so it is the same for both parties.

Since he is living in another county, then that is the county he would be a resident of and this would be sufficient for consent order purposes.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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