How is residence interpreted in North Carolina?

Residence is interpreted in North Carolina to mean a domicile: you must be both in residence (physical presence in the state) and you must have the intent to make a home here or to live here permanently or indefinitely. This state will be your residence if, when absent, you intended to return here and, despite a such a temporary absence, had no present purpose to leave the state permanently.

So North Carolina is your residence even if you winter in Florida every year for three months, as long as you always return to your home here afterward. Domicile within the state after commencement of the divorce action cannot be included as part of the period of residence required by the statute.

The statute specifically provides that the plaintiff shall set forth in his or her complaint “that the complainant or defendant has been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint.” On the other hand, the removal of either plaintiff or the defendant from the state after the filing of the complaint, but before the trial, does not deprive the court of jurisdiction.

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