If I was married in 1 state but have not lived there in 2 years, where doI for file an uncontested divorce?

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If I was married in 1 state but have not lived there in 2 years, where doI for file an uncontested divorce?

I live in NC but my husband is in CT, which is where we were married. Are there different forms that I need to fill out besides CT papers? This will be an uncontested divorce no children.

Asked on November 27, 2010 under Family Law, North Carolina

Answers:

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

Answered 11 years ago | Contributor

You can file for divorce in NC, since that is where you are reside (as long as you have lived there for 6 months or more).  A common misconception is that a divorce must be granted in the state where the marriage occurred.  This simply isn't the case.  People can, and do, move out of state all of the time.  When filing for a divorce you must either file in your state of residence or in the other party's state of residence.  In other words, a divorce action can be commenced in any state in which either party resides.  This means that  since your husband is a resident of CT, you can file there as well.

After you file you will have to make sure that you spouse is lawfully served with notice of the divorce.  He must then file an "answer" to the divorce complaint.  At that point your case will go forward.  In fact, even is he fails to so file , your case will proceed.  In such an case,  you can obtain a "divorce by default". 


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