You can file for divorce in either state, as long as one of you meets that state's residency requirement. The other party may object to jurisdiction, if they have no connection with that state. So the safest course of action is to file in the last place you lived together. However, in some cases, this is not possible if both parties have moved to other states and no one currently resides in that state.
In Virginia, you must be a resident for six months before filing a divorce. For a no-fault divorce, you must either be living separate and apart from your spouse for one year prior to filing for divorce or you can file after a six-month separation, if you have no children and you have a written property settlement agreement signed by both parties. The process for the divorce can be divided into four basic steps: 1. Prepare and file a Complaint for divorce. 2. Serve the other party with the Complaint. This is often accomplished by the other spouse signing a waiver of service. 3. Submitting a Final Order for approval by the court. 4. Conducting a final hearing. This is often done by deposition in the lawyer's office. Steps 3 and 4 are often done in reverse order. Hiring an experienced attorney who has worked through this procedure many times will make the whole process go much faster and avoid the many potential pitfalls along the way. In cases where both parties are in agreement on all issues, the divorce itself can often be completed within only a few weeks, after the required separation period has been completed.
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.
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