Dec32025
Family Law Q&A Series

Where should I file if I live in one county but my spouse lives in another and we were married elsewhere? – North Carolina

Short Answer

Under North Carolina law, a divorce or other Chapter 50 family case is filed in the North Carolina county where either spouse currently resides, regardless of where the marriage took place. The filing spouse may choose either county of residence. If a party believes the chosen county is improper or inconvenient, that party can ask the court to move the case to a proper or more convenient county.

Understanding the Problem

The question here is: when spouses in North Carolina live in different counties, and the marriage occurred in some other place, in which county should a family law case such as a divorce be filed? The focus is on which North Carolina county court is appropriate, not whether North Carolina has power to grant a divorce at all. The key decision point is how North Carolina venue rules assign a proper county based on where the spouses currently reside.

Apply the Law

North Carolina venue rules decide which county’s district court hears a divorce or related family law case. For divorce and many Chapter 50 claims, the basic rule is that the case belongs in a county where a party lives when the case starts, and the district court division handles these domestic cases. Venue is separate from jurisdiction, which includes the six‑month residency requirement for an absolute divorce.

Key Requirements

  • Residence in North Carolina: At least one spouse must meet North Carolina’s general residency requirement for the type of claim (for absolute divorce, at least one party must have lived in North Carolina for at least six months before filing).
  • County of proper venue: For a divorce or most Chapter 50 claims between North Carolina residents, the case may be filed in the county where either the filing spouse (plaintiff) or the other spouse (defendant) resides when the case begins.
  • Possibility of removal or change of venue: If the case is filed in a county that is not proper, or is significantly less convenient, the other spouse can make a timely request to move the case to a proper or more suitable county.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider two common situations. If one spouse lives in Wake County and the other in Durham County, a divorce complaint may be filed in either Wake or Durham because both are counties of residence for a party at the time of filing. The place of marriage, whether in another North Carolina county or another state, does not control venue for the divorce in North Carolina.

Process & Timing

  1. Who files: The spouse starting the case (plaintiff). Where: In the District Court Division of the General Court of Justice, in the clerk of superior court’s office for any proper county of residence under the venue rules (for a divorce, a county where either spouse resides). What: A verified complaint for divorce and any related claims, with a civil summons and required cover sheets. When: After the jurisdictional residency period (for absolute divorce, at least six months of North Carolina residency for one spouse) has been met.
  2. After filing, the plaintiff arranges proper service of the summons and complaint on the other spouse. The defendant then has a limited time, typically 30 days from service, to file an answer and to raise any objection to improper venue or to request a change of venue.
  3. If a timely motion to change or remove venue is filed and granted, the clerk transmits the court file to the new county, and the case continues there. If no venue objection is raised, or if the court denies a change, the case proceeds in the original county through any required hearings and final orders.

Exceptions & Pitfalls

  • Child custody and child support have their own venue nuances, often tied to where a parent or the child lives or where a related action is already pending, so the proper county can differ from the divorce venue in some situations.
  • Filing in a county with no connection to either party’s residence may lead to a mandatory change of venue if the other spouse objects in time, which can add delay and cost.
  • Failing to object to improper venue before the answer deadline generally waives the issue, and the case may go forward in a county that would not otherwise be the preferred or technically proper venue.

Conclusion

For North Carolina family law cases such as divorce between spouses who live in different counties, venue is proper in the district court of any county where either spouse resides when the case starts, and the place of marriage does not control where to file. The filing spouse may choose among those counties, but the other spouse can seek a change if the chosen county is improper or unduly inconvenient. The key next step is to file the complaint and summons in a proper county of residence and watch the deadline for any venue challenge.

Talk to a Family Law Attorney

If a separation or divorce involves spouses living in different North Carolina counties and there are questions about where to file, our firm has experienced family law attorneys who can help explain venue options and timing. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.