Asked in Divorce for North Carolina

Q: Could I dirvorce with DIY option in Charlotte Mecklenburg County North Carolina? I am not from USA but married there

I would like to get some advice and legal help. I am a Spanish citizen (from Spain, Europe) and got married in CHarlotte Mecklenburg County in August 2008 with a British citizen. We lived there for two years (until 2010) and then moved back to Europe. We have been separated for the last five years. I have been living in Spain since then, and he has been living in England and Honduras. I would like to obtain the divorce in North Carolina, because I am planning on marrying again in Spain and if I decide to live again in the US, it could give me some trouble. Also, as I am no longer with my ex partner, I don´t want to have any legal connection with him in the US. I thought that maybe the DIY divorce would be the best option, but I am afraid that I would need to be a resident there. I will be travelling to the US in December as I would like to sort this out, but I don´t know where to start as I am not an US citizen. Thank you very much for your help! I appreciate it.

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2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: One of the two of has to have lived in NC for the last six months to file for divorce here. So, no.

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: If neither you or your spouse lives in North Carolina, you can not divorce here - there is a minimum 6 month residency requirement.

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