QUESTION
Where do I file for divorce if I can’t prove that he’s in another state?
Asked on Sep 08th, 2014 on Divorce - North Carolina
More details to this question:
We both used to reside in one state but I have moved. He is in prison and I sent divorce papers back to file but they say they can't file them because I can't prove my husband is a resident. I can prove I am a resident. I explained he is in another state’s department of correction but they said they need a state ID or driver’s license. Where do I file?
5 ANSWERS
John Arthur Smitten
If you live in FL 6 months then file the case in FL Use of a lawyer is recommended.
Answered on Sep 10th, 2014 at 5:42 AM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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You file in the state that you live in. As long as you meet the residency requirements, you can file in any state in the US regardless of where he lives or where you got married.
Answered on Sep 09th, 2014 at 7:03 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to go see an attorney for a face to face dialogue about this problem.
Answered on Sep 09th, 2014 at 7:03 PM
I can file for divorce within the jurisdiction YOU are a resident. I believe either they gave you wrong information or you misunderstood them.
Answered on Sep 09th, 2014 at 6:59 PM
Litigation Attorney serving Wendell, NC
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Kirk, Kirk, Howell, Cutler & Thomas, L.L.P.
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If you meet the jurisdictional requirements of North Carolina for filing a divorce, then you can file in North Carolina even if he does not reside here. Of course, North Carolina has a one year separation period before a divorce action can even be filed. Also, you must have been a North Carolina resident for at least six consecutive months prior to filing for divorce in North Carolina.
Answered on Sep 09th, 2014 at 11:15 AM