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Do I have to be separated for a year before I get a divorce?

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briperez3009

Junior Member
Me and my husband live in North Carolina but I am a resident of Texas and he is a resident of South Carolina. Apparently in the state of North Carolina you have to be separated for a year, is there any way around that stipulation?
 
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FlyingRon

Senior Member
The PREVIEW button doesn't work for some people (it erases what you have typed already).

You need to post the question again with the name of your state. Some states require separation before divorce, other's do not.
 

Proserpina

Senior Member
Me and my husband live in North Carolina but I am a resident of Texas and he is a resident of South Carolina. Apparently in the state of North Carolina you have to be separated for a year, is there any way around that stipulation?

Can you clarify a little on how you both live in NC but have retained residency in Texas and SC?
 

LdiJ

Senior Member
Me and my husband live in North Carolina but I am a resident of Texas and he is a resident of South Carolina. Apparently in the state of North Carolina you have to be separated for a year, is there any way around that stipulation?
Yes, you file for divorce in TX, instead of him filing for divorce in NC.
 

I'mTheFather

Senior Member
Re-read...she is a resident of TX.
Yeah, I read it already.

Don't you wonder how it is that she's living in NC, but is still considered a resident of Texas for purposes of divorce?

Maybe she's in the military, but she didn't mention it, so....
 

Ohiogal

Queen Bee
Re-read...she is a resident of TX.
How? Because she might not be able to file in Texas. Maybe what she means by resident is that SHE didn't change her driver's license or voter's registration. That doesn't mean she is legally a Texas resident so unless we find out HOW/WHY she remains a Texas resident, you can't state that she can file in Texas.
 

LdiJ

Senior Member
How? Because she might not be able to file in Texas. Maybe what she means by resident is that SHE didn't change her driver's license or voter's registration. That doesn't mean she is legally a Texas resident so unless we find out HOW/WHY she remains a Texas resident, you can't state that she can file in Texas.
At some point we have to give some weight to what people actually say.
 

not2cleverRed

Obvious Observer
At some point we have to give some weight to what people actually say.
Giving "some weight" occasionally means that we have to look at what they say and interpret that they really are over their head...

Maybe they're both in the military... Or maybe they have just married and only lived in NC for 1 week... But it could just as easily be the case that she considers the states where they grew up to be their real "home", regardless of where they actually reside. Maybe they come to this interpretation through some logical but misguided means.

For example, there was a state I lived in for 6 years (graduate school), and I was informed a faculty member that for the purposes of tuition, I would always be considered and out of stater, even if I married a resident of that state, purchased a home, and had several kids there. (Kind of irked me, because people who adjusted their immigration status from student visa to PR though the green card lottery wouldn't face this.) And yes, I was registered to vote and had a drivers license in the state I was living in. I could see how someone could interpret this to mean that for LEGAL purposes they were residents of the state they were originally from, although that would be WRONG.

But until OP posts again, clarifying her situation, the only legal advice I'd offer is this: go to a lawyer where you LIVE (NC) for an initial consult to see if you can file there.
 

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