QUESTION

Where do I file for divorce?

Asked on Nov 04th, 2014 on Divorce - Virginia
More details to this question:
My husband and I separated in 2010, since then he has lived in NC, and TN, and the kids and I have moved from the house that we shared back to my hometown in TN, and then more recently with my father in VA. He was living in NC and I was living in TN when we separated, and I have no idea where I need to file for divorce.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You simply need to file where one of you currently lives.  You must meet the residency requirement of that state.  In Virginia it is six months.  If the other spouse has no connection to that state, they can object to jurisdiction and demand that any issues regarding marital property or support be heard in the state where you last lived together or where the property is situated in the case of real estate.  Issues pertaining to custody of the kids are ordinarily filed where the children are residing, but can be determined in the divorce in any state, if no objects to it. 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.
Answered on Nov 04th, 2014 at 12:55 PM

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