What state do I file in .

UPDATED: Sep 30, 2022

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What state do I file in .

I was and married in the state of NJ and left my husband with the kids and moved to NC. We have been separated for almost 3 years now and he won’t pay for the divorce because he does not want to pay me alimony and does not want me to recieve half his pension. We both want the divorce but that’s the only hold up the division of his pension has and still is a cop for 30 plus years. Do I file in NJ or NC?

Asked on January 17, 2017 under Family Law, North Carolina


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

Answered 5 years ago | Contributor

A divorce can be filed in the state in which either spouse lives and has legal residency in. Typically, residency is established after 90-180 days (or more). To find out specific state requirements you can check online. By the way, if your spouse won't co-operate in the divorce process, you can file for a "default" divorce. Again, you can read up on this on-line or consult directly with a divorce attorney in your area.

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