Where does my daughter need to file for divorce?

Full question:

My daughter is married to a man in the military stationed in North Carolina. She is seeking a separation and divorce. She is moving with minor children to California to live with relatives. Does she have to file separation in North Carolina or can she file here in California?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: California

Answer:

At least one of the parties to the action for divorce must have resided in the State of North Carolina for at least six months immediately prior to the institution of the action for divorce.

At least one of the parties to the dissolution action in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed. ACC 2320

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What not to do during separation in NC?

During separation in North Carolina, it is important not to engage in behavior that could negatively impact your divorce proceedings. Avoid making major financial decisions without consulting an attorney, as this could affect asset division. Do not move out of the marital home without considering the implications, as it may influence custody arrangements. Refrain from discussing the details of your separation on social media, as it could be used against you in court. Lastly, do not ignore legal documents or court orders, as failing to respond can have serious consequences. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is a military spouse entitled to in a separation?

In a separation, a military spouse may be entitled to certain benefits, including access to health care and potential spousal support. Under the Uniformed Services Former Spouses' Protection Act, military pensions can be divided in divorce, depending on the length of the marriage and the service member's time in service. Additionally, military spouses may qualify for benefits like housing allowances and access to base facilities. It is advisable for military spouses to consult with a legal expert familiar with military law to understand their rights fully. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are the rules for separation in NC?

In North Carolina, legal separation occurs when spouses live apart with the intention of ending the marriage. There are no formal court proceedings required for separation, but it's advisable to create a separation agreement that outlines the terms, including child custody, support, and property division. This agreement can be enforced in court if necessary. Importantly, living apart does not automatically lead to divorce; a divorce must be filed after one year of separation. It’s recommended to consult a legal professional to ensure all aspects are covered. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Who has to leave the house in a separation in NC?

In North Carolina, neither spouse is legally required to leave the marital home during separation unless a court order states otherwise. However, if there is a history of domestic violence, the victim may seek a protective order that could require the abuser to leave the home. If both spouses agree, one may choose to move out to facilitate the separation. It's important to document any agreements made regarding the residence to avoid disputes later. Consulting with an attorney can provide guidance tailored to your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*