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February 17, 2022
Question

Husband in prison but never lived in this state.

  • February 17, 2022
  • 1 reply
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Hi! 

So I need a little bit of help. 

I live in NC and two weeks before my husband officially moved to NC he went to prison. His drivers license Is GA with his old address, but all of his paper work in prison is our NC address. 
We are filing married filing jointly. 


When I file do I put that we both live in NC? Or because of his DL do I need to put that he lives in GA? He has been incarcerated since 2020 and has not had any sort of paying job since being locked up. 

thanks! 

 

    1 reply

    February 17, 2022

    You can enter North Carolina for his resident state if he will live there when he is out of prison. He is considered to be away from his resident state temporarily while in prison, assuming he will live there when he is done with his sentence.  Just because he has a driver's license in Georgia, does not mean he is a resident there. 

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