Where Can I File For Divorce?

[porkstuff]

I am currently in NC. I lived in NC from Nov 06 to Dec 08. I have been living in WV from Dec 08 until Aug 09. My wife is still in WV with my 7 year old daughter. We were married in Kentucky. I cannot determine in which state I can file for divorce. Additionally, my wife was in rehab and checked herself out against medical advice so I need to follow up with custody issues. My understanding is that I need to start with the separation/divorce in order to pursue custody. Please help as this is in immediate issue concerning the welfare of my 7 year old child.

Thank you.

 

[cyjeff]

it is whereever the family and child have established residence.

I am guessing WV.

 

[LdiJ]

it is whereever the family and child have established residence.

I am guessing WV.

Yep, its WV.

 

[porkstuff]

What About Residency Requirements in WV?

Yep, its WV.

"In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived."

 

[mistoffolees]

"In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived."

The best and easiest scenario is if the wife has been in WV for over a year. Then he can file in WV.

He does not have the ability to file in NC because of residency. Even if he waits until he meets the residency requirement, NC would not have jurisdiction over the child(ren) since they live in WV.

If wife has not been living in WV for over a year, then he may residency to file ANYWHERE. In that case, he may have to wait until wife has been in WV for a year.

 

[Golfball]

OP doesn't meet the 6 month residency requirement for NC, and will not do so until he's been there 6 months.

And as said upthread, WV is the only state with jurisdiction over the child.