Legal Question in Family Law in Virginia

Finalizing divorce

Hi. I used to live in NC in a military town, where my husband and I seperated in Feb. I then moved back to Virginia in October. In Feb we have to go back to court to make the divorce final. He says that his attorney told him that i cant file here until i have lived here for 6 months. Is this true even though i still had mail coming to my house in Va, and a virginia drivers license, etc. Do i have to be back for 6 months before filing? Also, he is making threats about not signing any final papers ''until he is satisfied''. Can he do this. What would your advice me on this issue? Thanks so much!!


Asked on 11/02/06, 3:39 pm

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

Re: Finalizing divorce

It would appear that your legal residence prior to October 2006 was North Carolina rather than Virginia. (Merely receiving mail at a Virginia address and maintaining a driver's license would not likely be enough to establish Virginia as your state of legal residence.)

Filing for no fault divorce in Virginia requires

at least six months continuous residency in the

state as well as other conditions which must be met.

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Answered on 11/03/06, 8:50 am


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