What states divorce law do I follow?

I was married in the states of NC however moved to the State of MD and have been a resident of this state for over 10yrs. In the process of moving back to NC and wanted to know if I can file for a divorce in NC or do I have to file in the state of MD?

Asked on February 29, 2016 under Family Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You file in the state in which either or your spouse reside. Since you are only in the process of moving back to NC, you are still a legal resident of MD. At this point, you may want to consult directly with a divorce attorney in MD. The may advise that you wait until you have NC residency and then file there or possibly filing in the state in which your husband resides (if not either NC or MD); it all depends on just which state's law is the most adventageous to you.

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