Oftentimes, issues arise when a spouse lives in a different state than the one where the other spouse wants to file for divorce. This can arise when a spouse voluntarily leaves Virginia and the remaining spouse wants to file for divorce or when a spouse moves to Virginia from another state to file for divorce.
Should You File for Divorce in Virginia?
First, in order to file for divorce in Virginia, a party must be a resident and bona fide domiciliary of Virginia for at least six months prior to filing the Complaint for Divorce. The next issue is determining whether the Virginia court has personal jurisdiction over the spouse who does not reside in Virginia.
Qualifying as Virginia Residents
If the spouse left Virginia upon the parties’ separation, the Virginia court likely has personal jurisdiction over the out-of-state spouse because the parties maintained a home in Virginia in which they resided and the spouse filing for divorce still resides in Virginia. Under this scenario, the Virginia court has jurisdiction to address all issues in the divorce, including custody, support, and equitable distribution of property.
Limited Jurisdiction for Virginia Divorces
However, if the spouse filing for divorce moved to Virginia on his or her own and the other party has never set foot in Virginia, the court is likely going to have limited jurisdiction in the case.
For example, if the parties resided in Texas and then husband moved to Virginia and filed for divorce after six months, the Virginia court would not have personal jurisdiction over the wife.
This means that the Virginia court would only be able to divorce the parties and would be unable to address any issues of support or property. Proceeding with a divorce on this basis can have serious repercussions and you should contact an experienced attorney to discuss your options.
Getting Divorced in Virginia when Spouse Resides Out-of-State
For more information about your divorce case, contact Cooper Ginsberg Gray at (703) 934-1480 or www.cgglawyers.com.