Legal Question in Family Law in Virginia

I spoke with my colleague, Mr. Stephen Salwierak. He practices family and criminal law in VA, and he responded to your question as follows:

We’ve had some strange experiences with Texas (see, for example Taylor Thompson) granting a divorce to military persons stationed elsewhere but with a Texas address of record.

That said, the answer is “Yes,” and here’s why: Virginia specifically allows military families living in Virginia on military orders to file after six months’ living in the Commonwealth. This specific statutory provision (Sec. 20-97(1)) cuts off the potential for a challenge of the plaintiff’s status as a domiciliary. But for this provision, it is possible that the case would be dismissed for lack of jurisdiction since a domiciliary must have the “intent to remain indefinitely” in the Commonwealth.

If you would like to discuss your divorce further, or the steps you would need to take to move your case along, please give us a ring! You can reach me (or Steve!) at 703-402-2723.