Legal Question in Family Law in Virginia

Which state presides in divorce when spouses live in different states?

I have been separated from my spouse for 7 months and am seeking disolution of the marriage. I live and am employed in Virginia. My spouse lives and is employed in Ohio. We have no children together. Where should the disolution be filed? Which state laws preside?


Asked on 10/24/05, 9:29 am

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Which state presides in divorce when spouses live in different states?

Whichever spouse files first will normally determine which state has jurisdiction over the divorce matter.

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Answered on 10/24/05, 10:20 am
Paul B. Ward Law Offices of Paul B. Ward

Re: Which state presides in divorce when spouses live in different states?

If you have lived in Virginia for six months you can file. If he has lived in Ohio for whatever minimum time they require, he can file. Once one of you files and the other knows about the filing, the other should be barred from filing.

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Answered on 10/24/05, 10:59 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Which state presides in divorce when spouses live in different states?

Any party may file a divorce in any state in which they have resided for six months.

Good luck

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Answered on 10/24/05, 6:19 pm


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