Legal Question in Family Law in Virginia

residency? moved from VA to TX to VA

I had a question about residency. If someone lived in VA

from 2001-2003, then transferred to TX for a little less

than one year (2003-2004)and is now moving back to VA next

month, can a divorce be filed in VA without having to start

over with the 6 month residency requirement? Or, as soon as

they moved back to VA would they be able to file? A home

was purchased in VA the first time around, was sold, another

house was bought in TX, is now on the market to be sold, and

they will be renting a house this time in VA. If they still

hold any type of ID from VA would that count towards the

residency?

Thank you for any in


Asked on 1/19/04, 11:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: residency? moved from VA to TX to VA

Virginia divorce statutes require that the mandatory residency periods for the prospective filer immediately precede the filing date. Therefore, the "somone" whom you have referenced in your question would have to start over again in order to meet the required term of residency necessary to file for divorce in the Commonwealth.

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Answered on 1/20/04, 12:20 am


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