Legal Question in Family Law in Virginia
Why would a uncontested divorce require "the place of last cohabitation"? Is this required by Virginia law?
2 Answers from Attorneys
Possibly, to establish the fact that the parties in fact have been living separate
and apart continuously and without cohabitation for the required time period in order to establish the grounds for no fault divorce, pursuant to Va. Code Sec. 20-91.
Technically, no. However, jurisdiction in a Virginia court must be based on One party having been domiciled and resident in Virginia for 6 months prior to filing the complaint for divorce. If the other party is not also a resident of Virginia, the place of last cohabitation then becomes one of the factual issues to determine whether the Court can exercise personal jurisdiction over the non-resident party; if the place of last cohabitation was in Virginia, that is sufficient under the Virginia long-arm statute to gain jurisdiction over the non-resident party.