My fiance and I are wanting to get married. He was married in California but lives in North Carolina now. He has been living here for over two and a half years. The divorce is mutual, it will not be contested. Anyone have any help on how to go about this? Thanks in advance!|||Tell your man to say, ******, ******, ****** A$-$ed HO I'm done! The divorce is then final. If the DOLT does not do it, urinate in his face!|||The answer to this question may have different answers based upon the facts.
Generally speaking, he can file in the state where he has established residency as defined by that state's laws. The first link leads to a State by State summary page that gives each states residency requirements. He can also file in the state where the wife resides, and may need to if children are involved. There is also the issue of which state has the best laws in regards to limiting alimony, child support, more favorable laws for children to have time with fathers, etc... These would all be issues that should be examined before any filing takes place.
If there are children involved, then generally the state where the children reside will take jurisdiction over any matters involving the children. So while he can file for the divorce in North Carolina, if the children reside in California then a good portion of the case may be heard in California. It may be more beneficial for him to just do it all in California (or whatever state the wife has established residency in).
He should really seek out some attorneys in the state where he currently resides to discuss this potential issues during initial consultations before committing to filing in any one state.
You might want to spend some time on DadsDivorce.com, even if children are not involved, to learn more about the various issues that you are asking about and others, such as jurisdiction, filing, alimony, etc...|||you file for divorce in the county you live in
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