Legal Question in Family Law in Virginia

I spoke with my colleague, Mr. Stephen Salwierak. He practices family and criminal law in VA, and he responded to your question as follows:

We�ve had some strange experiences with Texas (see, for example Taylor Thompson) granting a divorce to military persons stationed elsewhere but with a Texas address of record.

That said, the answer is �Yes,� and here�s why: Virginia specifically allows military families living in Virginia on military orders to file after six months� living in the Commonwealth. This specific statutory provision (Sec. 20-97(1)) cuts off the potential for a challenge of the plaintiff�s status as a domiciliary. But for this provision, it is possible that the case would be dismissed for lack of jurisdiction since a domiciliary must have the �intent to remain indefinitely� in the Commonwealth.

If you would like to discuss your divorce further, or the steps you would need to take to move your case along, please give us a ring! You can reach me (or Steve!) at 703-402-2723.