Asked in Divorce for North Carolina

Q: My daughter and 3 children live in NC. He estranged husband lives in VA. Which state does she file for divorce?

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2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: If she has lived in NC for at least the last six months and has been separated for at least one year, it would likely be better for her to file here in NC. If she just wants a simple divorce that can be done very easily and affordably.

The easiest way to get started is to fill out the Divorce Interview Form on our site www.easyncdivorce.com. We will e-mail her a simple 3 page Divorce Complaint to review, sign in front of a notary and return to us by mail. At that point, her involvement would be done and we would handle the rest. There is no obligation to fill out the form and receive the paperwork to review - if she decides to hire us to handle your divorce the total is $395 which covers everything needed for a standard uncontested divorce. No court appearance or office visit necessary - she can do most everything from home. Yes, it is that easy!

If you have any questions, just call us at (910) 333-9679 - we are happy to help you.

David Allan King
David Allan King
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: NC and Virginia both allow you to file for divorce in their state so long as one spouse has been a bona fide resident for at least 6 months prior to filing.

If both states are an option (each of you have lived in one of the states for more than six months), then you can either use your local court for convenience, or hire an attorney to figure out which state's laws are more favorable for you.

For example, North Carolina courts are known for smaller alimony payments than many states under a convoluted "totality of the circumstances" test. This may be good or bad depending on if you expect to be the receiver or giver of alimony, how it compares to Virginia, and other priorities.

Generally, you should seek a "separation agreement" first. This is where the spouses attempt to mutually agree on the financial terms of their divorce (assets, alimony, etc.) and sign a contract. Typically that contract will dictate which spouse is required to file for divorce, pay related fees, etc. and in which state they will file it.

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