When couples consider separating and/or divorcing, a natural first step is to move away from one another. For some people, this may mean moving to another state to be closer to family or simply to have a fresh start. If this is the case, it is important to know the residency requirements for divorce in whatever state you or your spouse reside.
Below are some important things to know about North Carolina’s residency requirements for divorce:
– In North Carolina, the law states that at least one spouse must reside in North Carolina when filing for an absolute divorce.
– At least one spouse must also have lived in North Carolina for six months before filing for an absolute divorce.
– In North Carolina, along with the six-month rule, the divorcing couple must have lived separate and apart for one year prior to filing for divorce.
– When spouses live in separate states, either one can file for divorce in the state in which he or she resides. In North Carolina, you are required to serve your spouse with a Complaint and Civil Summons, no matter where your spouse lives at the time of filing. There are various methods of service, which include sending a sheriff to serve the Complaint, serving the Complaint through certified mail, or having your spouse accept the service voluntarily.
Since each state has its own laws when regarding residency requirements for absolute divorce and how divorce pleadings must be served, it is important to consult with an experienced family law attorney before filing for absolute divorce.
Contact us today if you or someone you know has questions about filing for divorce in North Carolina or other states. The attorneys at Hatcher Law Group are here to help.