Legal Question in Family Law in Virginia

where to apply for divorce

If a couple got married in Canada, and one is an American and the other is a Canadian, and the marriage certificate and the marriage were done in Canada, but the couple resides in the US-- if the couple were to seek divorce, where would they do that? And if there are children born (in the US) who would determine custody, a Canadian court or a US court?


Asked on 7/15/05, 3:50 pm

3 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: where to apply for divorce

Virginia could have jurisdiction if one of the parties lived here for at least six months and the parties last lived together in Virginia.

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Answered on 7/15/05, 4:02 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: where to apply for divorce

Where the marriage took place and the country

from which the certificate of the marriage issued is irrelevant with respect to where a divorce may be filed, as long as it's a valid marriage.

What matters with respect to divorce is the

particular place where one or both parties to the marriage(and any children born thereof) have been domiciled or in residence and whether it has been long enough for at least one of the parties to meet the criteria necessary to initate an action for divorce.

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Answered on 7/15/05, 4:18 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: where to apply for divorce

As Im sure you've heard by now - both divorce and custody is ruled by jurisdiction law. Where the couple last resided or where any party has lived for six months. Custody is ruled by the jurisdiction of where the child has lived for at least six months.

Good luck

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Answered on 7/15/05, 5:22 pm


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