Q: I live in NC, was married in Virginia, husband still lives in Virginia. Can I file for divorce in NC
A:
Place of marriage is not relevant. You can file divorce where either of the parties reside. If you live here then you can file for divorce here in NC as long as you have resided in the state for at least 6 months and you have been separated from your husband for a year and a day.
The question is not whether you can file here but whether you should file here. If you have no minor children and have no property together (land, cars, stocks, bonds, pensions etc.) then you can file for divorce and any alimony/post-separation spousal support in NC. If you have minor children and they are in Virginia, you may want to consider suing in Virginia if you are going to be raising any child custody or support claims. Conversely, if any minor children are in NC then you would definitely want to file in NC because that is where any child custody or child support claims would be brought (provided the children have been here for at least 6 months).
If you still own property together with your spouse, where is the property? In NC or VA? If in NC then file here. If in VA then file in VA.
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