Legal Question in Family Law in Virginia

I'm having trouble finding the answer to this question. My wife moved to Oklahoma from Virginia very recently. She has still not changed her residency. I have lived outside of VA for 4 months now. Neither of us fits the residency requirements to file for divorce in our current states. We were waiting for the mandatory 1 year separation in VA since we have a child together. Since she has not officially changed her residency from VA yet, can we still file in VA? Or will I have to wait until my 6 month residency in Florida is established?


Asked on 9/06/12, 9:09 am

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

No (neither can file here), since neither one of you in fact currently reside in Virginia nor could accurately be described as current residents of the Commonwealth.

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Answered on 9/06/12, 9:58 am


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