Legal Question in Family Law in Virginia
I have lived in Virginia for over 6 months. My husband lives in California. Where is the preferred venue (8.01-261) in filing for an uncontested divorce? The last place we both lived together as husband/wife is California. Are there any things extra I need to do with the procedure because of this?
1 Answer from Attorneys
You can now file in the Commonwealth if you're seeking a no-fault divorce,
and you've lived separate and apart continuously from your spouse without cohabitation for at least six months, there are no biological and/or adopted children of the marriage, and you file a property settlement agreement with the circuit court in which your Complaint for Divorce has been filed. (Va. Code Sec. 20-91 A 9 (a).)
Assuming that your husband meets all of the requirements for filing for divorce
in California, he could also file there.
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