Morrisville, NC asked in Divorce for North Carolina

Q: If divorce papers were created in Georgia but we moved to NC 10 months ago, can we still get divorced in Georgia?

Doesn't North Carolina have a 1 year waiting period? I do not think GA does and would rather file in Georgia and have this divorce done quickly. We both live in an apartment and do not own a home in NC. However, our car tags expired and we did get NC licenses and tags for our cars.

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in North Carolina

A: NO. GA has a 90-day waiting period once you file for divorce. NC requires you and your spouse to live separate and apart for one year. Have you been separated from your spouse for one year or more? If the answer is yes, then you can file for a divorce now.

Neither you nor your spouse can file in GA as neither one of you is a GA resident any longer.

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