My fiance's ex-wife filed for a divorce last year in Wake County. Neither her nor my fiance lived in Wake County at the time. I need to know if the divorce is valid as we'll be getting married soon. I thought you had to file in either county that you or your spouse lived?
You mean if the filing of the divorce is valid, or the divorce itself? If all the paperwork has been done, approved by the court and all parties have signed the docs, then yep, he be divorced.
Yes, I'm asking if the divorce is valid. Sorry I didn't word it that way. Everything I've read online about NC divorce laws says that the motion for divorce has to be filed in the county that either party lives in. Neither of them lived in Wake County when it was filed.
Divorce, as distinguished from child custody, child support, alimony and property distribution, is not a complex process in North Carolina. Either youyou or your spouse must live in the state for at least six months prior to filing the action for divorce. You or your lawyer file a divorce complaint with the clerk of court in the county of your residence. The complaint must then be delivered to your spouse, either by the sheriff or by certified mail. After waiting a specified period of time either you or your attorney can appear in court and obtain a divorce. Once the order is signed by the judge, your divorce is final, and you may remarry if you so desire. However, the absolute divorce is only one part of the process. It is merely the judicial proclamation that ends your marriage. The complexity of a domestic case arises in deciding other issues such as child custody, child support, division of property, and alimony. These issues are resolved either through negotiation or through a court process. So the county issue aside, has the rest of this happened?
I agree (but don't tell my colleagues I said that, they need the money ). And a divorce does not need to be filed in the county either party lives in. If the defendant objects, it can then be moved to the county of residence, but if there is no objection, then a divorce granted in any county is valid.
Mainly, I was the one who wasn't sure because of what I had read online. I received my answer this morning. Thanks everyone for your help.
Good grief just go to Wake County and ask for a copy of the decree. If it is not there, it does not exist.
He probably should. If it's not one thing, it's another. I won't even begin to tell you what has come up as of this morning.
Yes you have, and thank you. Outside of this forum, I've had a lot of people tell me a different answer. Only one person told me the same answer you did.
Look, just repeat after me "cleo knows everything" ask no further, if the divorce happened it will be on file. Logical, isn't it?
