The Law Offices of Diane Fener - Serving the Hampton Roads Cities of Norfolk, Hampton, Newport News, Virginia Beach and Chesapeake, Virginia


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Virginia Divorce Residency Requirement

To be able to sue for divorce in Virginia, one of the parties must have lived in Virginia and intended to make Virginia their home for the six months immediately before the case is filed.  The Virginia Code Section that covers this is 20-97.  

There are special rules for military personnel.  If a member of the armed forces of the United States is assigned to a Virginia duty station for six months, they qualify, regardless of their intention to make Virginia their home.  If a service member was a resident of Virginia for six months and then sent overseas under military orders, they qualify even if they have lived abroad pursuant to those orders for many years.  

It is not necessary that both parties meet the requirement.  It is enough if one of the parties can show the six-month residency.   

Personal Jurisdiction

A second issue is personal jurisdiction over the other party.  Personal jurisdiction means that the court has the right to make orders concerning a person.  If the other spouse lives in another state, has never been to Virginia,  doesn't own property here, and basically has had nothing to do with this state then the court probably won't have the power to make any decision other than to grant you a change in marital status from married to divorced.  All of the other issues regarding property, support and the like will have to be decided somewhere else unless the other party voluntarily submits to jurisdiction here.  One way around this limitation is if the other party can be served with the divorce complaint within Virginia's borders then that is enough to establish personal jurisdiction, even if the person has nothing to do with Virginia.  

 



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