Can I get a legal divorce in NC if I was married in TN?

Question Details:MY husband and I were married in TN and lived there together for 10 months before we separated in 2/14/08. In June I moved to NC. Can I still fill for divorce here or would I have to do that in TN?. How long would it take since we have been separated for almost 1 year and 9 months?

Asked 5 years ago under Divorce, Marriage, Alimony | 1754 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

In order to file for a divorce in North Carolina, residency requirements must be met for the court to accept the case.  If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.  The requirements are as follows: The plaintiff or defendant in the suit for divorce must have resided in the State for a period of six months prior to filing. The divorce may be filed in the either county in which the parties reside.

So you can wait another 2 months or you can file in TN.  As to how long it will take it depends on which state that you file in, whether or not the divorce will be contested, and if there are children involved.

Attorney Quick Finder

Top Ranking Attorneys

  • Anne Brady 812 Answers | Points 40580 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor