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Filing for divorce when your spouse lives outside of North Carolina

On Behalf of | Aug 22, 2022 | Uncategorized

When ending your marriage, you need to take an individualized approach to the divorce process. You could have a number of unique challenges, whether you have a high net worth and you have uncertainty about property division or you worry about your custody rights as a parent. Moreover, you could have additional questions if your spouse does not live in North Carolina.

If you want to file for a divorce and your spouse lives in another state or country, it is pivotal to understand the steps you need to take.

Divorce and residency requirements

The North Carolina Judicial Branch states that you can get a divorce if your spouse does not live in the state, but you must have lived in North Carolina for at least six months right before filing for a divorce. Typically, if you and your marital partner lived in this state throughout your marriage and they left North Carolina, you have the ability to move forward with claims regarding property distribution and spousal support.

Serving paperwork before a divorce

It is crucial to realize that even if your spouse lives in a different state or country, you still have to serve them the divorce papers. However, rules regarding the way in which one has to serve divorce papers vary depending on the state or country in which they currently reside.

Getting a divorce when your spouse lives far away can present unique challenges, but you should not let stress or uncertainty prevent you from moving forward in life and ending a marriage that is not working out.