Where do I start?

First. Get a seperation agreement that spells out everything including the fact that your allowed to move out of state, child support, tax filing status, division of marital assets etc.

You file for divorce in your state of residency which is where you have lived for the 6 months prior to filing.

In NC you have to be seperated 1 year and 1 day before you can file.

But the state you move to may have differant rules. Find out what they are you may be able to divorce sooner. Be sure to document your residency by changing your drivers license as soon as you move.


Also, the house we are in is in my name…do I need to stay in NC until it is sold?

Dear crabapplepie:

Greetings. No, he cannot force you to live in NC, although he can ask the court to have the children remain in NC. You do not have to do any paperwork before leaving NC, but if you don’t file a lawsuit before you leave, he may be able to get the children returned to NC under an emergency order. No, you don’t have to file for divorce in NC. No you don’t have to stay until you are divorced. Yes, you can move. You may be able to file in another state, depending on their laws. No, you don’t have to wait for the house to be sold before moving. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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


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.

My husband no longer wants to be married. I want to move out of state to be closer to my family. He says he is willing to split everything without lawyers involved, except custody of our two daughters. I have been a stay-at-home mom with them since the first one was born (2+ years ago). Can he force me to live in NC? What paperwork do I need to have done in NC before I move? Do I have to file for divorce here, and stay here until we’re divorced? Or can I move and file from the state I’m going to?