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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have been married for almost 10 years. In August 2011, I

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I have been married for almost 10 years. In August 2011, I moved from Alabama to North Carolina due to my job. My husband has stayed in Alabama mostly due to his job there. For years, I have not been happy and since becoming financially independent again, I am preparing to file for divorce. I was told that if I filed in North Carolina, it may not have jurisdiction over my spouse in Alabama and was advised to consult with an attorney who had an understanding of family law in both states.

I am looking for advice on this matter.

Thank you.

Samuel-II :

Hi

Samuel-II :

If you moved to Alabama in 2011, you certainly meet the residence requirement to file for divorce and yes, Alabama would have jurisdiction.

Samuel-II :

Your husband would have to be served in NC, but all documents would need to be filed in Alabama where you initiate the case

Customer:

I moved from Alabama to NC in 2011. I am in NC and he is in AL.

Samuel-II :

Either way. As long as you have lived there for 6 months or more you can file

Samuel-II :

And NC will have the jurisdiction because that is where you brought the case

Samuel-II :

Your husband needs to be served in Alabama and he will have to file whatever he files with the NC court that you initiated the case in

Samuel-II :

So as long as you file in NC before he would file in Alabama, NC will have the jurisdiction

Samuel-II :

If he files first, then Alabama will have the juridiction

Samuel-II :

I apologize for having a split on the states. Sometimes I read backward.

Samuel-II :

 


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Hi

I just want to be sure you can see my answers in Chat. If not I will repost them here.


If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck