Where to file


#1

It is my understanding that you file where you are currently a resident (you must follow their residency rules before you can file, i.e., in NC - where I moved after separating - you have to be a resident for 6 months and have been separated a year and a day before you can file for divorce).

Hope this helps.


#2

Dear Kristalclear:

You can file where you are a resident. Please check the residency and filing requirements of the state you live in. Best of luck

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#3

If I file in the new state can my husband still sue using the North Carolina laws?


#4

Dear Kristalclear:

Greetings. Yes, your husband may be able to file for equitable distribbubtion, alimony, child custody, and child support here in NC, but it is generally where you file first for divorce only. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#5

If my husband and I were married and lived in NC but after we seperated I moved to another state, can I file for divorce in the other state and abide by their divorce laws or must I file in NC?