Legal Question in Family Law in Virginia
Divorce
We have resided in virginia for 5 months. My wife and i are separated. I have just started papers for a legal separation until we can file divorce papers after we have lived her for 6 months. My question: can my wife go back to michigan with our child, quickly file for divorce claiming she has physical custody? Thank you.
Asked on 4/30/07, 7:54 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Divorce
Your wife would have to first reestablish her residency in Michigan in order to file for divorce there and claim custody of the child.
If there is a minor child involved, you will not be able to file for a no-fault divorce in Virginia until you and your wife have been living separate and apart continuously and without cohabitation for 12 rather than six months.
Answered on 5/01/07, 1:07 am
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