Legal Question in Family Law in Canada
Canadians in VA wanting a divorce
My spouse and I both have work permits from Quebec to work in the DC area. If I ask for a divorce, which laws have precedence -- Canadian or Virginian? Do I need to move back to Montreal to obtain an lawyer? If one of us moves back to Montreal, can we both be represented by our respective location's attorney/laws, or do they have to be from the same country?
1 Answer from Attorneys
Re: Canadians in VA wanting a divorce
As for local US law, you can apply for divorce in Virginia after establishing residency and domicle in Virginia for the last six months. Residency requires physical presence in the state. Domicile requires the mental intent to permanently reside in the Commonwealth of Virginia.
I'd have to speak with you to determine whether you'd be better off filing for divorce in Canada. If there are no property issues then you could file in Virginia without any problem. However, if you wish to avoid some other property issue you may need to file in Canada.
I'm sorry I cannot give you a more definitive answer. I would need to speak with you to advise you further. Feel free to call my VA office at 703-968-3974.
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