Legal Question in Family Law in Virginia

if you married in virginia and moved to another state how long can you file and get the divorce final. i know in viriginia you have it is a year. but i was told 6mos. if we are in different state. is that true? what is the law?


Asked on 3/21/11, 5:00 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, in the Commonwealth, it can be as short as 6 months

if there are no children involved and a property settlement agreement

has been filed with the circuit court in the matter. 0therwise, the parties

to the divorce must have lived separate and apart continuously and without

cohabitation for a period of 12 months immediately preceding the filing

of the complaint in order to meet the initial requirements for a no

fault divorce.

However, if you're now residing in a different state, you'll have to follow the

divorce law of that date which may differ from that of Virginia.

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Answered on 3/21/11, 7:18 am
Michael Hendrickson Law Office Michael E. Hendrickson

Correction: last line should read: of that "state" rather than "date".

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Answered on 3/21/11, 7:22 am
sheryl shane sheryl shane, attorney at law

Where do you reside and where are you domiciled? What length of time have you been outside of Virginia? You may need to ask attorney in new state. Good luck. Attorney Sheryl Shane.

Web: www.sherylshanelaw.com.

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Answered on 3/23/11, 8:40 am


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