Who Files for Separation

North Carolina Divorce Law Divorce and Separation Answers
1

my husband and I were planning to move to SC so he sent me here with our child to live with my family until I found a job. I have been in SC since Feb 2011 and have been officially been employed for almost 2 months. Well the plan was to sell house in NC and him find a job and get to SC. Now we have decided to separate because of his live changing decision.
My question is who files and where? I have been living in SC for almost 6 months now. Does he file here since me and our daughter are here or do I file there since I am not technically a resident yet. FYI we were married in SC and this is my birth state.

Thanks

2

Either one of you can file. In NC, it is only necessary that one party live in state for more than 6 months. Since you have lived in SC for 6 months (as of August–which it almost is), then you can still file in NC if you wish because your ex lives here. Check the law in South Carolina though to see if you are a resident there as of August. If so, you can obtain a divorce in SC. He may be able to file in SC based on your residency (when you become a resident), but I am not familiar with what SC requires.