geronimo502 said:
What is the name of your state? nc
If my wife leaves me to move to Alabama, can she get a divorce there quiker than waiting the one year seperation required in NC?
My response:
No - - she'd have to first be living there, self-sufficient, and separated from you, for at least a "proveable" 2 years. Once she's lived there, separate from you for 2 years, then the court could enter a decree of divorce after 30 more days.
In Alabama, from a fair reading of the following statutes, the total time before a divorce could be entered and granted would be up to 2 years and 7 months, but could be as short as 2 years and 1 month because the required residency of 6 months also runs concurrent with the 2 year separation requirement, when you count the residency requirement, the separation requirement and the 30 day period between filing of the complaint and entry of judgment.
Section 30-2-5
Residency requirement for plaintiff when defendant nonresident.
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.
(Code 1852, §1969; Code 1867, §2359; Code 1876, §2693; Code 1886, §2330; Code 1896, §1494; Code 1907, §3802; Code 1923, §7416; Code 1940, T. 34, §29; Acts 1945, No. 457, p. 691; Acts 1971, No. 2280, p. 3687.)
Section 30-2-8.1
Waiting period prior to issuance of final judgment of divorce; temporary orders prior to expiration of waiting period.
(a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
(Acts 1996, 1st Ex. Sess., No. 96-51, p. 70, §1.)
Section 30-2-1
Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties.
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled "In re the marriage of _____ and _____," for the causes following:
(1) through (11) . . .
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.
(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)
Gee, I hope you understood all that.
IAAL
