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NC attorney required or not?

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iggyzee0330

Guest
What is the name of your state? NC

My friend is divorcing her husband. They both used to live in NC. He lives there still, and she lives elsewhere in the US.

She recently completed the minimum one-year separation wait before filing for divorce. According to NC law, she can still file in NC because one party still lives there.

Question: does she need a NC attorney to do this?


Thanks.
 


VeronicaGia

Senior Member
Unless she knows NC law, knows how to file papers correctly, knows how to serve papers correctly and knows how to defend herself in court, she should hire an attorney.
 
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iggyzee0330

Guest
What I meant was, does she need an NC attorney to file in NC, or can an attorney in her state do it for her?
 

VeronicaGia

Senior Member
She needs a NC attorney to file in NC, unless the attorney she uses in her home state has a license to practice law in NC.
 
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MaggieK

Guest
If she is a resident of another state, why isnt she filing in her home state? You must be a resident of NC for 6 months prior to filing. If she is no longer a resident of NC she cannot be the Petitioner in NC. Her husband can. My opinion is attorneys are not necessary inmost cases. Pro se divorces are becoming more and more frequent because few can afford the extreme fees charged by attorneys. If you are of reasonable intelligence, can read and write, and know exactly what you want, you can file pro se. If you are uncomfortable with the process, hire a seasoned paralegal. As far as defending yourself, there is no defense to a no fault divorce. Most are handled in the judges chambers, it takes all of 3 minutes and its over. Only the very wealthy hire attorneys these days to battle every little issue through the courts. And they end up with the same legal divorce you would get but their pocketbooks are much lighter after the fact! Good luck! Not legal advice...life advice.
 

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