Legal Question in Family Law in North Carolina

I was married in virginia, but moved to North Carolina with my wife. We lived there for two years. I am now pursuing divorce. I moved out of the house and now live in Virginia. Would it be better to file for divorce in north carolina or virginia

Asked on 11/22/21, 11:37 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Where you married is not relevant to where you divorce. Jurisdiction for divorce depends on where you or your spouse resides. If your spouse still resides in NC and you also meet the requirements to file in VA, then which one you pick will depend on several factors. If you expect the divorce to be cooperative and uncontested - that's the end of you analysis NC would likely be cheaper and quicker. If you expect the divorce to be contested then where you file will have an impact on how things may turn out so you will need to consult with family law attorneys in NC and VA as one states laws may be more favorable in your specific situation than another. If there is no significant difference in state laws as applied to your situation then you may want to file in VA to make it more expensive and inconvenient for her to defend there.

If you are going the uncontested route - we can help you. If you or your spouse has lived in NC for at least the last 6 months AND you have been physically separated (not living together in the same residence) for at least one year - you are eligible to file for divorce in NC. As long as you have a good address for your spouse and they are at least somewhat cooperative with you and willing to sign for service of process by certified mail - the total is a flat rate fee of $395 and takes 45 to 60 days (or sooner) to complete. The easiest way to get started is to fill out the Divorce Interview Form on our site

We will e-mail you a simple 3 page Divorce Complaint for you to review, sign in front of a notary and return to us by mail. At that point, your involvement would be done and we would handle the rest. There is no obligation to fill out the form and receive your paperwork to review - if you decide to hire us to handle your divorce just make the payment of $395 which covers everything needed for a standard uncontested divorce. No court appearance or office visit necessary - you can do most everything from home. Yes, it is that easy! If you have any questions, just call us at (910) 333-9679 or e-mail us at [email protected] - we are happy to help you. See our short video for more information on how our divorce service works [copy and paste the following link into your browser].

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Answered on 11/22/21, 3:01 pm

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