Your place of residence is often more than just a roof over your head. You might feel it is a sanctuary, a place where you feel at peace.
It is even more than that if you face a divorce. You already know your residence can play a role in other legal matters, but it will also factor into the process of your divorce.
Why does residence matter? Where determines when
Where you live – as well as how long you have lived there – before you file for divorce will play a critical role in determining precisely when you are able to legally pursue a divorce under North Carolina law. This role is the residency requirement. What should you know about this requirement?
2 residency “levels” to fulfill to obtain a divorce
According to the state law regarding divorce and separation, there are essentially two “levels of residency” that will factor into your ability to seek a divorce. They include:
- Your state residency: For the first box to check under the residency requirement, one spouse must live in North Carolina. The requirement is that you or your spouse must live in the state, and have done so for at least six months before filing for divorce. You can prove your residency within the state using documents that have your address on them, such as your identification, leases, utility bills and the like.
- Your physical residency: This second level is not necessarily about your family home, which must also be addressed in the division of marital property. Rather, this level addresses where you physically live, particularly during the required separation period. Spouses must fulfill a period of separation that lasts at least one year and one day to be able to file for divorce. During this separation period, you must live “separate and apart,” which means you must not live in the same residence as your spouse. To prove you lived “separate and apart,” you should document the details of your separation carefully, including the date it begins.
Once these levels of residency requirements are fulfilled, you will be able to begin the process of filing for divorce. Of course, there is much more preparation necessary to protect your rights as you end your marriage. Understanding the steps required by law is just one of the first steps to prepare yourself.