Legal Question in Family Law in Virginia

Divorce and Residency

I live in the state of Virginia. I know that there are alot of different residency requirements. And we have to be separated for a year in order to get a divorce. What I want to know is can I file for a divorce in VA and then move back home to GA during the year that we have to be separated? I don't have any family here and it would be very expensive for me to move out and take care of myself, and my child, and pay rent here in VA Beach. So I was considering going back home with my mom in the mean time. Any help that you can give will be appreciated.


Asked on 1/03/07, 3:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce and Residency

No, you cannot file for divorce in the Commonwealth and then move from the state to Georgia since you then would no longer be a domiciliary of Virginia(legal resident)which is one of the requirements for divorce. (See Va. Code 20-97).

You could, however, move to Georgia, and once you have met the residency requirements for that state, simply file your divorce action from there in Georgia.

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Answered on 1/04/07, 5:02 pm


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