What Is The Residency Requirement For Filing For Divorce?

plan for divorceQuestion:

Am I unable to divorce prior to a year of separation in North Carolina? Do I have to wait that year out before I can talk to an attorney about filing for divorce?


I am not licensed to practice law in your state. Therefore, I cannot inform you at to the specific laws of your state and can only provide you with general information regarding divorce.

Most, if not all, states have residency requirements that must be met before individuals qualify to have their marriage dissolved in that state. Many states require that the divorce action be filed in the specific county where one or both of the parties have resided for a period of time.

North Carolina is no different.  North Carolina law requires that one of the parties to the divorce action has to have resided in the state for at least six months.

Utah divorce lawyer
Utah divorce attorney Dena L. Morgan

Many states also differentiate divorce cases by examining the grounds for the divorce. Many states have “no-fault” divorces. This is where one or both of the parties want a divorce but do not claim that the divorce is one party’s fault.

In North Carolina, in order to obtain a no-fault divorce, state law requires that the parties have lived apart for at least one year.

However, there are several grounds for “fault” divorces and divorces based upon those grounds appear to be able to be obtained more expeditiously. You should consult an attorney to determine whether you can claim one of the grounds for an at fault divorce and how to proceed.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.

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