Where to File for separation

[stuartse]

What is the name of your state (only U.S. law)? South Carolina

I have a question. I currently live in south Carolina, and my wife decided to take our children and leave me, and moved to north Carolina two months ago. My question is that both states require a 1 year separation prior to filing for divorce, but do I need to file in NC or SC?

 

[LdiJ]

What is the name of your state (only U.S. law)? South Carolina

I have a question. I currently live in south Carolina, and my wife decided to take our children and leave me, and moved to north Carolina two months ago. My question is that both states require a 1 year separation prior to filing for divorce, but do I need to file in NC or SC?

Unless you are filing for a formal separation now, then most likely you are going to have to file in NC, because NC would have jurisdiction over the children at that point.

If you file now however, for a formal separation you could lock in SC as having jurisdiction. If you plan to stay in SC, that might be the wiser thing to do.

 

[mistoffolees]

Unless you are filing for a formal separation now, then most likely you are going to have to file in NC, because NC would have jurisdiction over the children at that point.

If you file now however, for a formal separation you could lock in SC as having jurisdiction. If you plan to stay in SC, that might be the wiser thing to do.

Particularly if you want custody of the children. It is possible (not guaranteed, but possible) that if you file in SC and ask the court to rule on temporary custody that the children could be ordered to return to SC.

Of course, that's only if you're serious about custody and think you have a chance. It's not something to try just to make her life miserable.