If my wife and I were legally separated in one state but now both live in another, where does the divorce have to be finalized?

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If my wife and I were legally separated in one state but now both live in another, where does the divorce have to be finalized?

Asked on May 21, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming there has already been a legal filing for separation bertween you and your spouse, the court where the filing is would be the court to give the final dissolution order. However, if there is no filing for legal separation and you and your spouse both live in another, assuming one of you have established legal residency in the new state, a marital dissolution filing can be made in such county and state of your new residence.

Typically six (6) months is needed to establish legal residence in a new state under the laws of this country.


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