Legal Question in Family Law in Virginia

I became a CA resident in 2003. I have been staying in VA for the last 2 years to take care of my ill mom. I want to file for divorce. Which state under the circumstances would I be able to file for divorce from? I ask because since I was told I haven't stayed in CA for at least 6 months non-stop, I have to file from VA. I was also told I have to wait another 6 months to file for divorce if I get a VA license in order to establish residency status in VA. I don't know what to do at this point. Please help. Thank you.

Asked on 7/23/14, 4:02 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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If you've been residing in the Commonwealth continuously for the last two

years, your provable residence is more likely to be here rather than in

California and therefore it would seem Virginia which normally

has a waiting period of 12 months for continuous separation of the subject spouses in order to file for a no fault divorce, a timeframe

which you would appear to have already met, the Commonwealth would

appear to be the jurisdiction where your divorce should be filed under the

facts as described.

Answered on 7/24/14, 9:47 am

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