Legal Question in Family Law in Virginia
A husband and wife lived together in NY. Four years ago the husband moved to VA; they are not legally separated. Is the husband able to file for divorce in VA? If so, is VA able to address property settlement (the marital property remians in NY)?
Asked on 1/13/12, 1:42 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Yes, the husband can file for divorce in Virginia (assuming it is his
state of residence), but the Virginia court hearing the matter
would not be able to adjudicate marital property matters in connection
with the divorce unless the Virginia court is able to exercise personal jurisdiction over the wife residing in New York (which would likely require her personal cooperation in the matter).
Answered on 1/13/12, 9:32 pm