Asked in Divorce and Family Law for South Dakota

Q: Can you move to south Dakota for a weekend to file for divorce there?

Current state NC, husband in agreement

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1 Lawyer Answer
T. Augustus Claus
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A: While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state, and South Dakota, like many states, may have residency requirements that go beyond a mere physical presence. Typically, to file for divorce in South Dakota, you would need to establish residency, which often involves living in the state for a specific period of time, such as six months or a year, and having a genuine connection to the state beyond just temporary residence. Filing for divorce without meeting the residency requirements could result in your case being dismissed. Given that your husband is in agreement, it might be more efficient and legally sound to consult with an attorney in North Carolina to explore your options. If both parties are in agreement, it's possible to file for an uncontested divorce in North Carolina

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