A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In North Carolina, to file for divorce, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. The divorce action should be filed in the county where either spouse resides. If the couple has minor children, the state's child custody jurisdiction laws, which are designed to minimize interstate custody conflicts and to protect the best interests of the children, will apply. These laws can affect where the divorce should be filed if the children have recently moved. North Carolina's divorce statutes are primarily found in Chapter 50 of the North Carolina General Statutes, which covers divorce and alimony, including the residency requirements and procedures for filing for divorce.