Thank you for contacting our JA team for guidance.
Please let me know the nature of your question.
Quite a question. My suggestion would be this: One of them files for legal separation in NC and the separation agreement is also filed with the court. Once one of them has established residency in CA, have the NC orders registered in CA and convert the separation into a petition for dissolution. I believe this would achieve all of their objectives while facilitating their moves.
Please let me know if you need additional information.
Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.
They'd like to keep it simple. A "legal separation" in NC requires establishing grounds, testifying, ... - not a simple thing. It's not the route that "friendly divorces" take. And then having the court order registered in CA, etc., More steps to take.
When do they lose NC residency?
If they end up filing in CA, might the court question the terms of their divorce (ED, parenting, ch sup, sp sup)?
If the separation agreement is entered in NC, the CA court must recognize the order in NC as valid under the good faith and credit clause of the U.S. Consitution.
The would lose residency in NC as soon as they establish residency in another state. For the purposes of divorce, this would be 6 months in CA.
I'm still here to help you figure this out if you have further questions.
Yep, sounds like CA is worse than NJ, where I recently moved from. In NC, I'm finding attorneys under $200 -- $350 would be well over the max.
Anyway, thanks for the help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).