Legal Question in Family Law in Virginia

Re: What State Should I File?

You can file in Virginia if you have been a resident and domicilary of VA for the last 6 months.

If you have any questions, please do not hesitate to call me at 703-968-3974.

Re: What State Should I File?

You may wish to read the following provision from the Code of Virginia, which may help you decide. If you haven't been stationed in Virginia for six months, you probably can't file for divorce here.

Va. Code � 20-97. Domicile and residential requirements for such suits.

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.

For the purposes of this section only:

1. If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.

2. Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States enjoys exclusive federal jurisdiction.

3. Any member of the armed forces of the United States who (i) at the time the suit is commenced is stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.

4. Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have been caused under such circumstances as would entitle the wife to a divorce or annulment.

(Code 1919, � 5105; 1922, p. 589; 1958, c. 169; 1968, c. 455; 1974, c. 278; 1978, c. 412; 1985, c. 304; 1987, c. 35; 1988, c. 448; 1991, c. 259.)

Please Note:

The answer to the question above does not constitute the establishment of an attorney-client relationship. The information provided is general in nature, and is not intended to, nor is there any representation that it does, meet your legal needs. You are strongly encouraged to obtain the services of legal counsel to pursue any legal rights and remedies you may have.