Divorce Law and multiple states

[SagaLore]

This is NOT a YAGT thread. I wasn't going to mention any of this here but now I have a technical question that some of you may be able to help me with.

My wife and I are legally separated, have been for a month.

We moved from Pennsylvania to North Carolina 7 months ago. I got a new driver's license and registered my car less than 6 months ago. We bought a house about 4 months ago.

Now the question is, would I file for divorce under Pennsylvania's Divorce Law, or under North Carolina?

In NC, the law is that you have to be Legally Separated (separate residence) for 1 year 1 day. Then you can file for divorce without court involvement. In Pennsylvania there is no legal separation waiting time. However, you do need court involvement.

So I guess it comes down to... which state has jurisdiction over this?

 

[sixone]

It will be the state you currently live in. IIRC, the court filings will have to show why the court has jurisdiction over the proceedings.