Where to File for divorce?

Dear NCPanthersfan22:

Greetings. How many months have you lived in NC? Does your husband still reside in NJ?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.

I have been back in NC for 2 months now. My husband still resides in NJ.

Dear NCPanthersfan22:

Greetings. You cannot file for divorce in North Carolina unless one of you has lived here for six months preceding the date of filing for divorce. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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 and I lived in NJ. In late June of '04 we seperated, and I moved to VA. In VA, I obtained seperation papers, but was not able to file them before I had to move again. The forms were notarised, just not filed with the VA courts. So now I am back home in NC, and know I am here to stay. But I am not sure what state I need to file the divorce papers with. I know with VA law, I can get my divorce now because with a seperation agreement you can divorce after 6 months. I am not sure of NC law. We had no children or property. There is nothing to dispute. I just want to end this marriage ASAP, as he now has another woman living with him.

Thank you!