need an answer asap please

[deejtucker]

What is the name of your state? North Carolina

I was wanting to know, my husband and I got married in Florida he is the Airforce so we have moved around a lot. We have been seperated for some time, he lives in north carolina now and I live in texas with our daughter. Can he file in North Carolina? Since he is in the milatary and we are in different states are we able to complete the divorce with out me going to court at some point in time? If he sends me divorce papers and they are not contested can we do it all through the mail or will I have to go to court on my end? Thank you so much for any information you can provide me.

 

[LdiJ]

What is the name of your state? North Carolina

I was wanting to know, my husband and I got married in Florida he is the Airforce so we have moved around a lot. We have been seperated for some time, he lives in north carolina now and I live in texas with our daughter. Can he file in North Carolina? Since he is in the milatary and we are in different states are we able to complete the divorce with out me going to court at some point in time? If he sends me divorce papers and they are not contested can we do it all through the mail or will I have to go to court on my end? Thank you so much for any information you can provide me.

Since your child is living with you, it would really be better if you filed for divorce in TX. Your husband can file in NC if he is a legal resident of NC, but NC but technically, NC couldn't make any orders regarding custody or visitation, because your child is not a legal resident of NC.

 

[seniorjudge]

Since your child is living with you, it would really be better if you filed for divorce in TX. Your husband can file in NC if he is a legal resident of NC, but NC but technically, NC couldn't make any orders regarding custody or visitation, because your child is not a legal resident of NC.

FYI: http://www.gitlinlawfirm.com/writings/uccja2.htm

Well, maybe. Depends on the UCCJEA.

 

[LdiJ]

FYI: http://www.gitlinlawfirm.com/writings/uccja2.htm

Well, maybe. Depends on the UCCJEA.

I have read the UCCJEA several times. Can you give me a hint of what you feel in the UCCJEA indicates that it could be appropriate for NC to make rulings regarding the children?

Every case I have seen where the children weren't legal residents of the state where the divorce was filed (at the time of the divorce), judges have declined to rule on custody/visitation issues regarding the children....even in a few cases where the parents were in agreement to the judge doing that.

However if you believe that the UCCJEA allows for something different...then I have to believe that it possibly does.....but please give me a hint where to look for it...LOL.

 

[seniorjudge]

I have read the UCCJEA several times. Can you give me a hint of what you feel in the UCCJEA indicates that it could be appropriate for NC to make rulings regarding the children?

Every case I have seen where the children weren't legal residents of the state where the divorce was filed (at the time of the divorce), judges have declined to rule on custody/visitation issues regarding the children....even in a few cases where the parents were in agreement to the judge doing that.

However if you believe that the UCCJEA allows for something different...then I have to believe that it possibly does.....but please give me a hint where to look for it...LOL.

She posted and said she was in North Carolina. We don't know enough facts to decide where the jurisdiction of the kids should be.

(I always look for the jurisdiction of the kids to be "somewhere else." )

 

[Zephyr]

he lives in north carolina now and I live in texas with our daughter

She posted and said she was in North Carolina. We don't know enough facts to decide where the jurisdiction of the kids should be.

(I always look for the jurisdiction of the kids to be "somewhere else." )

mom lives in TX with the daughter