Which county to file in and do u have to file sep agreement?


#1

Hi there,
New to the forums…I am wondering…if my husband still lives in the marital home in Cabarrus county, and myself and the children now live in Mecklenburg county, for about two months, which county are we to file for divorce in? Our separation is up Sept. 8.

Also, we have a notarized separation agreement, but it has not been “filed” with any courthouse. Is this necessary to do? And if I want this agreement to be used in the decree do I file it first or with the divorce paperwork?


#2

If you have resided in North Carolina for at least six months, you can file the complaint for divorce in either county.

If the provisions of the separation agreement call for it to be incorporated into the divorce decree, you need to request that in your complaint. If not, you do not need to file the agreement. You can utilize our divorce guide for assistance with filing the divorce action.