Charlotte Divorce Lawyer Blog
We Were Married in Another State – Can I File for Divorce in North Carolina?
As Americans, we move around a lot. The ease of transportation and the use of cell phones make it easier than ever to move out of state. In fact, more than 8 million people a year move between states. That means that it is likely that you are living in a different place than where you got married. While that is quite common, many people wonder how that impacts their ability to seek a divorce. It is helpful to understand the requirements and rules for obtaining a divorce in North Carolina.
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One-Year Separation Requirement
In order to get a divorce in North Carolina, a couple must live apart for a period of at least one year. Couples need to separate with the intention of ending their marriage. This means that the couple cannot live together under the same roof, even if they stay in different bedrooms. If the couple gets back together, even for a brief period, they will need to begin the separation period over again if they decide to divorce.
Residency Requirement
To file for divorce in North Carolina, at least one of the parties must be a resident of the state. The residency requirement requires at least one spouse to have resided in the state for a period of 6 months prior to filing for divorce. Spouses may live in different jurisdictions or even in different states as long as one of you lives in North Carolina. There is no requirement to return to the location where your marriage took place.
File in Your Current Jurisdiction
North Carolina is a no-fault divorce state. Either party may file for divorce first. The law provides that marital property is divided equally between spouses in divorce. After you have been separated for more than one year, you may file a petition for an absolute divorce. You will need to file a petition in the court located in your current jurisdiction and pay the associated filing fee. You and your spouse should try to work out the settlement details ahead of court. In some cases, the judge may request that you participate in mediation if you cannot come to an agreement regarding the terms of your settlement.
What if My Spouse Lives in Another State?
The requirement of residency only applies to one party in a divorce. If your spouse resides in a state other than North Carolina, you may still file for divorce as long as you live here. While it may be slightly more complex when your spouse lives elsewhere, the same steps apply. After you file for divorce, your spouse must be served with legal notification and can respond. The court will set a hearing date. Although you don’t have to have an attorney, it is often much easier and less stressful to hire an experienced divorce lawyer.
To learn more about divorce in North Carolina and to seek guidance, contact us today at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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https://www.freeimages.com/photo/be-with-me-2-1309374
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