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North Carolina Divorce Residency Requirements

In order to file your Complaint for Divorce in North Carolina, you must make sure the General Court of Justice has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the North Carolina residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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. (North Carolina Statutes - Chapter 50 - Sections: 50-8)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of North Carolina. It is most common that people file for a divorce in the county in which they live. You can also read more about the North Carolina residency requirements in the North Carolina state statutes located at: http://www.ncga.state.nc.us/. If you are unsure of whether or not you meet the North Carolina residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.