What Are the Residency Requirements for Divorce in Greensboro, North Carolina?

Before you can file for divorce in Greensboro or anywhere in North Carolina, you need to meet the state’s residency requirements. These rules may seem like a formality, but failing to meet them can result in your case being dismissed, wasting valuable time and money.

The Basic Requirement: One Year of Separation

North Carolina laws require spouses to live separately for at least one full year before filing for an absolute divorce. In addition, “separate” means more than sleeping in different rooms. You and your spouse must live in separate residences continuously for 12 months.

There is no need for a legal separation agreement to start the clock. You simply must stop living together as a married couple, with the intent for the separation to be permanent.

Who Can File: Only One Spouse Needs to Be a Resident

To initiate a divorce in Guilford County, only one spouse must be a North Carolina resident. That individual needs to have resided in the state for at least six months before filing. The location of your marriage or the other spouse’s current residence does not affect this requirement.

For example, if your spouse lives in another state but you’ve lived in Greensboro for over six months, you meet the requirement.

Why Residency Requirements Matter

Residency rules serve a legal purpose. They ensure that North Carolina courts have jurisdiction over your case. Without that, the court may not be able to grant your divorce, divide your property, or decide child custody and support.

If you file too soon or in the wrong state, your case may be delayed or dismissed altogether. That’s why it’s critical to make sure all residency and separation requirements are met before filing.

What If You Recently Moved?

If you recently moved to North Carolina or your spouse did, you may need to wait until one of you hits the six-month mark before filing. However, the one-year separation period must still be satisfied as well.

Let’s say you separated in another state, and then one spouse moved to Greensboro. That spouse must wait until they’ve lived in North Carolina for six months before filing, even if the separation began earlier.

Military Considerations

Military members stationed in North Carolina may also qualify as residents under the law. If you or your spouse is in the military and stationed at a base in the state for six months or more, you can likely meet the residency requirement.

This often helps military families resolve divorce matters locally, rather than returning to a home state.

How the Court Verifies Residency

When you file for divorce, the court may ask for evidence that you meet the residency requirement. This can include your driver’s license, utility bills, lease agreements, or testimony under oath. 

If there’s any dispute about your timeline, such as how long you or your spouse have lived in North Carolina, it’s important to have documentation ready. While this isn’t always contested, being prepared can help your case proceed smoothly without delays or challenges to jurisdiction.

Need Help Navigating the Process?

Residency requirements may sound straightforward, but every situation is different. If you’re not sure whether you qualify to file for divorce in Greensboro, it’s best to speak with a knowledgeable attorney.

At Stephen E. Robertson Law Office, we guide clients through every stage of divorce, from confirming residency and separation timelines to resolving issues of property, custody, and support. We understand this is more than a legal process. It’s a life transition, and we’re here to help.

Ready to take the next step? Contact us today for a confidential consultation, and let’s talk about your options.