Legal Question in Family Law in Virginia

Re: Filing For Divorce In VA When Married in NC

Section 20-91(9)(a) of the Code sets out the conditions for a no fault divorce for the situation outlined in your question, namely, separation by the parties for six months continuously without cohabitation, no children born or adopted of the marriage, no property issues and a separation agreement by which I believe is meant a PSA(Property Settlement Agreement)ready to be filed with the

court. I doubt that the prenuptial agreement which you've mentioned could be substituted for the aforementioned PSA.

Re: Filing For Divorce In VA When Married in NC

You should consult with a Virginia attorney to discuss the application of the law to the facts of your particular situation. The following is general legal information on domicile and residential requirements for maintaining a suit for divorce or annulment in Virginia.

Section 20-97 of the Code of Virginia provides as follows:

� 20-97. Domicile and residential requirements for such suits. � No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.

For the purposes of this section only:

1. If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.

2. Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States enjoys exclusive federal jurisdiction.

3. Any member of the armed forces of the United States who (i) at the time the suit is commenced is stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.

4. Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have been caused under such circumstances as would entitle the wife to a divorce or annulment.