QUESTION

Lived in Ct for 28 yrs and married last 4 years to navy guy. We moved to VA 2 wks ago and i want a divorce. We have 2 kids. can I file in CT?

Asked on Apr 03rd, 2012 on Divorce - Virginia
More details to this question:
husband is abusive emotionally and my kids are suffering. I have been diagnosed with a chronic condition which can be fatal if not treated properly and he doesn''t care (has told me the same). He picks fights and then denies he does these things in front of the marriage counselor (and he goes to counseling as well). When he drinks he gets really angry and I am concerned that I won''t get custody and I want to file in Ct. I have family there but will eventually move to NC to have family support with the kids.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Ordinarily you must file for divorce where at least one of the parties currently lives.  Each state has its own residency requirement of how long you must reside there before filing for divorce. For instance, in Virginia, you must be an actual bona fide resident and domiciliary of Virginia for at least six months before filing for divorce here.  That means that for that period of time you both lived in Virginia and considered Virginia to be your permanent home.    There are special exceptions for service members, however those generally only apply when they are stationed overseas or on a ship at sea.  In those cases, the last state that he was stationed in could be considered his state of residency.  Since neither of you lives in CT any longer, I do not see how you could file for divorce there.  You could have filed just prior to moving, but it is probably too late now.  You would need to check with an attorney in CT to be sure of their residency requirement.  Since you just recently moved to Virginia, that means you cannot yet file here either, until you have lived here for six months.  You are in legal limbo as far as filing for divorce.  However, issues of custody and support can be addressed separately short of a divorce, if necessary.  Those issues would ordinarily be brought in the Juvenile and Domestic Relations District Court for the county in which the children live. 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.
Answered on Apr 04th, 2012 at 2:57 PM

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