Where to file--residency question


I found this under the Custody Laws on this main site:


Dear chimera33:

Greetings. Yes, you can file for divorce in North Carolina - specifically in Mecklenburg County. We can file that for you and you would not even need to go to court. 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.


I live in SC, we separated in August 2005. Husband moved to Mecklenberg County, NC in January (ergo meets the 6 month residency requirement). We have signed a separation agreement and settled all issues between us regarding support, custody, alimony, and property division. I would rather file in NC as the process in NC seems the better choice between the two states given the fact that we have already reached agreement. I will be the plaintiff when filing. Can I file in NC?