Where to file now?

Where does your STBX live?

If your STBX has also left the state, then you cannot file at all for absolute divorce in NC, neither of you meets the residency requirements.

If your STBX is still in the state (and has been a resident for the past six months), then you can file in NC, in the county they reside in.

If you are a client of the firm please contact your former attorney, or Shawn McMullen if your attorney is no longer with the firm and we can answer this question for you.

Moving does not affect the date of separation. If your spouse still lives in North Carolina you can file here, if no one lives in the state anymore, you must file where one of you lives.

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


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Hi, I was living in NC when I signed my seperation agreement (I initiated the seperation and hired a Rosen attorney). The day of seperation, I moved to SC. I am coming upon my 1 year and 1 day required in NC and wondering if my move affected anything? Can I still proceed with the same attorney/date or have things been changed by my move?