If you’re considering filing for divorce in North Carolina, understanding the state’s residency requirements is an important first step. These rules determine whether the courts have the authority to handle your case, so it’s helpful to know the specifics before you begin the process.
Who can file for divorce?
To file for divorce, at least one spouse must meet the state’s residency requirement. The law specifies that the person filing must have lived in the state for at least six months immediately before the divorce is filed. This ensures the court has the jurisdiction needed to proceed.
If one spouse meets the residency requirement but the other does not, the spouse who has lived in the state for the required time can still file.
What does “residency” mean?
Residency means living in the state continuously and legally for six months. Short-term absences, such as vacations or business trips, do not affect this requirement. You can establish residency regardless of where you were born by living in the state with the intention to stay long-term.
Why the residency requirement matters
Meeting the residency requirement ensures that the court has the authority to address matters such as property division, child custody, and spousal support. If this requirement is not met, your divorce case may not be processed.
Additional considerations
In certain situations, a spouse who has been living outside the state but has close ties to it may be able to meet the residency requirement. This can include maintaining property, employment, or a primary residence within the state, even if the spouse temporarily lives elsewhere. It’s important to clarify any unique circumstances with the court or a legal professional to avoid delays.
Knowing the residency rules ahead of time can help you avoid complications and make the divorce process more efficient.