Do I need to be in the same State to file a divorce?

A divorce can be filed in a state where either party currently lives.  However, if your spouse has no connection to your current state, he or she can require that the divorce be brought in the state of your last marital residence.  As for the city or county you file in, Virginia has open venue for divorces, meaning you can file it in whichever courthouse you want.  But again, your spouse can object and have it moved to a "preferred venue," such as the last place of marital residence or the county or city in which one of you currently lives. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.