Legal Question in Family Law in Virginia
hello i live in va and my husband klives in mich. we have been apart for two yrs he went down to the courts to file for a divorce. he said i would be served papers. can he just divorce me with out my consent. i havent seen any papers i dont agree to anything can he just get out of this marriage that easy.
2 Answers from Attorneys
I am not certain if he filed in Michigan or Virginia. In Virginia one may file based on being separate and apart - continuously for a year. Doesnt have to based on fault.
No, you do not have to agree to anyhing and can contest it, but would need to engage the services of a Michigan attorney to do so in any meaningful way. However, if you declined to go that route, your husband could still get his divorce by properly serving you with notice of the matter in Virginia, but the Michigan court would only be empowered to grant the divorce and would not not be able to make any decisions regarding the division of marital property or the imposition of obligations such as child or spousal support since the court would not have the necessary personal jurisdiction over you to decide these kinds of matters.