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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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re Divorce law in both California and North Carolina

Resolved Question:

re: Divorce law in both California and North Carolina
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.

Thank you for contacting our JA team for guidance.


Please let me know the nature of your question.

Customer: replied 7 years ago.
(more details have been sent)
Expert:  Tina replied 7 years ago.

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.

 

Best regards,

TK

 

 

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.

Customer: replied 7 years ago.

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)?

Expert:  Tina replied 7 years ago.

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.

Customer: replied 7 years ago.
Noting that I'm not an attorney... When you say "separation agreement is entered in NC," does "entered" mean simply that they entered into a contract (the terms of their breakup), or does it mean that they've filed their contract with the court (which normally would not be done in NC)?
Expert:  Tina replied 7 years ago.
Yes, I took you to mean the separation agreement could be filed with the court. If they do not wish to incur additional expenses, the best way to do it is file and complete the process in one state or another. However, I was also wanting to get as much done in NC as possible because attorneys fees and costs are likely to be significantly higher in CA. So, if they could begin the process in NC, having already entered into a separation agreement that is filed with a court there, then there would not be much left to do in CA. It is not uncommon for hourly fees for attorneys to be upwards of $500/hr. in CA. Probably $350/hr. at a minimum.
Customer: replied 7 years ago.

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.

 

Art

Expert:  Tina replied 7 years ago.
You are welcome. Hope it helped. Take care, Art.
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