Legal Question in Family Law in Virginia

Divorce vs Spousal Support

I have a friend, who was married in the state of Virginia, his wife left him about a 1 1/2 yrs ago and went back to NY, with their son and stepdaughter. She field for spousal support because she though he was living a better life than her, plus child support. My friend said that he has called several attorneys and was told that he has to get a lawyer in NY to handle his divorce because she (wife) opened a child support/spousal support case in NY. If he file under irreconcilable difference can't an attorney in Va. handle his case? and he can later get an attorney to handle the spousal support part, or can an attorney in Va. handle the spousal support and divorce, since they were married in Virginia and he still lives here?


Asked on 4/04/02, 5:01 pm

2 Answers from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Divorce vs Spousal Support

Yes he may file in VA so long as he has lived in VA for the last 6 months. The court will not, however, address the spousal support or the child support, but if he just wants to get divorce he can do so in VA. I hope this answers your question. Good luck to you.

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Answered on 4/08/02, 6:50 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce vs Spousal Support

Yes, if your friend is legally domiciled in Virginia, and has established the required grounds

for divorce, he may file for divorce in the Commonwealth.

The Virgina final decree may or may not address the issues of spousal and child support depending

on whether an acceptable arrangement can be worked out between the parties whereby the NY order would be recognized and incorporated into the Virginia final decree of divorce.

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Answered on 4/04/02, 11:27 pm


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