Venue; Removal Of Action

§50-3. Venue; Removal of Action

The following text is believed to be the exact statutory language concerning proper venue for Absolute Divorce proceedings in North Carolina.

In all proceedings for divorce, the summons shall be returnable to the court of the county in which either the plaintiff or defendant resides.

[In] any action brought under Chapter 50 for alimony or divorce filed in a county where the plaintiff resides but the defendant does not reside, where both parties are residents of the State of North Carolina, and where the plaintiff removes from the State and ceases to be a resident, the action may be removed upon motion of the defendant, for trial or for any motion in the cause, either before or after judgment, to the county in which the defendant resides. The judge, upon such motion, shall order the removal of the action, and the procedures of G.S. 1-87 shall be followed. (1871-2, c. 193, s. 40; Code, s. 1289; Rev., s. 1559; 1915, c. 229, s. 1; C.S., s. 1657; 1977, 2nd Sess., c. 1223.)

The statutory language quoted above is believed to be accurate as of 1 October 2009. However, you should check with an attorney to ensure the statutory language has not changed.

Note: It is the position of Rice Law, PLLC that a divorce action may be filed in any county in North Carolina as long as one party has lived in North Carolina for at least six months, regardless of the county in which that party lives. However, if neither party reside in the county in which the divorce action was filed and the other party objects to venue, the trial court must grant a motion to change venue and remove the action to a county where the defendant resides.