Legal Question in Family Law in Virginia
Divorce - Switzerland citizen
Whom shall I need to contact to proceed divorce with my husband (Switzerland citizen residing in Switzerland) while I am staying in the United States currently. I am a Switzerland citizen too. Thanks.
2 Answers from Attorneys
Re: Divorce - Switzerland citizen
You must meet the residency requirements of the state in which you are residing before filing the
divorce action.
Re: Divorce - Switzerland citizen
In order to pursue a divorce in Virginia, you must be a resident and be domiciled in Virginia; you must consider Virginia your home, not just a place you are visiting. You prove domicile by, for example, having a Virginia driver's license, or registering to vote in Virginia, or owning a home in Virginia.
Assuming you could pass the residence and domicile test, you could file in Virginia, but would only be able to get the actual divorce; you would not be able to have the court hear financial issues like support or property division unless the court can exercise personal jurisdiction over your husband. There are a number of ways that is possible, but it may be a difficult matter to establish.
You clearly need to consult an attorney on this one.