IF I LIVE IN ONE STATE AND WANT TO FILE FOR DIVORCE INANOTHER, WHAT DO I NEED TO DO?

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IF I LIVE IN ONE STATE AND WANT TO FILE FOR DIVORCE INANOTHER, WHAT DO I NEED TO DO?

I live in UT and want to file in NC.

Asked on March 23, 2011 under Family Law, Utah

Answers:

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

Answered 10 years ago | Contributor

In order to file for a divorce in NC, residency requirements or else the case will not be accepted or it will eventually be dismissed. The requirements are that either party to the divorce must have resided in the state for a period of 6 months prior to filing. The divorce may be filed in the either county in which the parties reside. It does not matter if you were married in NC or in another state.

Additionally, NC is a “no fault state,” which means that you do not have to prove that either spouse is at fault to get a divorce. However, there are only 2 grounds for divorce in NC: Separation for 1 year,or Incurable insanity of 1 spouse and separation for 3 years. The majority of marriages are dissolved based on the ground of separation for 1 year. In order to be granted a divorce for ground, the [parties must have lived in separate residences for 1 year and at least 1 spouse must have had the intent to remain separate and apart.

Note: You do not need to file for legal separation; legal separation happens once a husband and wife begin living separate and apart (that is in separate residences).


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