What are the residency requirements for divorce?

In order to file for divorce in North Carolina, you must meet the state’s residency requirements. To be eligible, you must either be a resident of North Carolina for at least six months prior to filing for divorce, or have resided in North Carolina for at least one year if you are filing for divorce on the grounds of incurable insanity. If you are an active duty military member, you may be eligible to file for divorce in North Carolina even if you do not meet the residency requirement if you are stationed in North Carolina and have been for at least six months prior to filing for divorce. For a divorce to be granted in North Carolina, either the filing spouse or the non-filing spouse must be a resident in the state for at least six months prior to filing the complaint. The spouse that is a resident for at least six months has jurisdiction over the divorce case and can proceed with the filing. However, if the filing spouse and non-filing spouse both meet the residency requirement, then the spouse who has lived in the state the longest has the jurisdiction. Additionally, if the spouse that has filed the case does not meet the residency requirement, however the non-filing spouse does, then the non-filing spouse has the jurisdiction over the case. In order for your divorce to be valid in North Carolina, you must meet the state’s residency requirements. Before filing for divorce, it is important that you understand the residency requirement to ensure that your divorce will be valid.

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