Legal Question in Family Law in Virginia

Hi

I got married in Pakistan in 2006 and have been living in VA since then. My wife came to U.S. in late 2006. We have a 4 year old daughter.

My wife and I signed a separation agreement about two weeks ago. We've been separated and apart for a little over 4 months. After signing the agreement. she went back to Pakistan with the intention of permanently residing there.

Can I divorce her in Pakistan now that she's there? Will that divorce be valid in VA? Do we still need to be separated for a year before I can file for divorce in Pakistan? Even though Pakistan doesn't require any separation period.

I wanna make sure my divorce is valid and recognized in VA and is also acceptable to USCIS in case I wanna marry someone else from Pakistan in future and apply for her immigration.


Asked on 6/27/11, 12:59 am

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

If you have a separation and property settlement agreement signed by your

wife who has now returned to Pakistan, and you continue to reside in the

Commonwealth, you should be able to file your Complaint for

Divorce in your local Virginia circuit court and have your wife properly served with the paperwork in Pakistan (which may require her cooperation).

I have no knowledge of the divorce laws of Pakistan but if your no longer live there and now reside in Virginia, you may not meet residential or other requirements for filing for divorce in that particular country.

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Answered on 6/27/11, 5:04 am


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