Legal Question in Family Law in North Carolina
I was married in Augusta Georgia and i want to fill fo divorce i now live in Fayettville, N.C. cam i fill where i now live?
1 Answer from Attorneys
Most states have residency requirements. It does not matter where you were married but where you have lived for the past 6 months. If the answer is NC, then you can file divorce here if you have lived here at least 6 months and have been separated for 1 year or more. If you do not meet these requirements, you cannot file for divorce just yet.
Georgia also has a residency requirement, but no waiting period. So, if you have lived here less than 6 months and it is really really important to you to be divorced, try Georgia if your spouse still lives there. If neither of you now live in Georgia, either wait till you meet the residency and separation requirements for NC or else file in the state where your spouse now lives provided that the laws there are at least as or more favorable to you than NC law.
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Asked 5/31/10, 10:12 am in United States North Carolina Family Law, Divorce, Child Custody and Adoption