Legal Question in Family Law in Virginia

Re: Can jurisdiction be changed.

From teh limited information you provided, it sounds as though there may be some question as to where jurisdiction lies == SC vs. Va. More information would be necessary, and he should certainly discuss that issue with an attorney in Va. if he has not already done so.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Re: Can jurisdiction be changed.

As long as your husband has filed an answer as well as a counterclaim, then he has effectively submitted himself to the jurisdiction of the Virginia court to equitably decide all aspects of the suit, including the division of marital property which would include the home in South Carolina in the event that the parties cannot come to an agreement.

The facts which you've cited would be no legal reason for the Virginia judge to dismiss the plaintiff's case who apparently meets all of the criteria necessary for filing such a complaint for divorce in the Commonwealth.

However, as mentioned previously, if the parties cannot agree on the various things which require such agreement or other resolution and the case moves towards litigation, then your boyfriend would be well advised to retain an attorney to represent him in the matter to ensure that all of his interests are properly represented from his perspective as the defendant in the matter.

Re: Can jurisdiction be changed.

Correction: first line of prior answer should read boyfriend rather than husband.