if my navy husband has filed for divorce in virginia we will need to be legally separated for 1 year in vinginia can i file in georgia

  Like Georgia, Virginia has its own divorce laws regarding filing for divorce and jurisdiction.  However, in most states that I am aware of, the defendant or respondent must either currently be a resident of that state or have resided there within the past six (6) months.    So, if you are in Georgia and have lived here for the last six (6) months, unless you consent to jurisdiction in Virginia, it is very likely that the Virginia court would not have jurisdiction over you.  As such, the case will likely not be accepted, or it will eventually be dismissed.  Similarly, if your husband does not live in Georgia and has not in the last six months, and he will not consent to the jurisdiction of the Georgia court, Georgia would not have jurisdiction over him.   However, there are facts and laws unique to servicemembers and their spouses.  For a Georgia court to hear a military divorce, the residency requirement must first be met. A divorce can be filed in Georgia if either spouse lives in the state, the military member is stationed in Georgia or if Georgia is the legal residence of the military member. The legal residence is the state the member uses for tax purposes. However, that does not necessarily mean that the divorce can proceed. Under the Servicemembers Civil Relief Act (SCRA), military men and women are protected from lawsuits including Georgia divorce proceedings to enable them "to devote their entire energy to the defense needs of the Nation." A court may delay legal proceeding for the time that the service member is on active duty and for 60 days following active duty. Another problem may be the service of the divorce complaint if the military member is deployed. You can request that military serve your spouse, but he or she must consent to service.