In what state do I need to file for a divorceI live in one state and my spouse lives in another?

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In what state do I need to file for a divorceI live in one state and my spouse lives in another?

I was separated 14 months ago and have now resided in SC for the last 6 months. My ex and I were married in NC over 4 years ago and he has continued to reside there. Where do I need to file if I want to do the divorce papers myself? We have no children and no property/debts that need to be divided.

Asked on September 28, 2011 under Family Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

As long as residency requirements are met, a divorce can be filed in either the state in which the husband or wife resides. In both AL and NC, a person must live in a state for 6 months prior to a divorce filing in their jurisdiction. The filing should be in the county in which the spouse lives.

Note: Both state's allow divorce on the grounds of fault/no fault, and both have simplified procedures in certain cases.


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