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?
3 Answers from Attorneys
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.
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.
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