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Author Topic: Residency divorce question....  (Read 1522 times)
curious
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« on: March 27, 2006, 04:52:59 PM »

Lee,

I posted this on the general discussion forum and they suggested I post this question to you.
I am new to this forum and appreciate the chance to say hello and ask a question.   I have just recently moved from the state of Alabama to the state of Virginia.  As recent as one month.  I am filing for divorce, actually seeing an attorney on Wednesday.   Since I haven't resided in the state of Virginia for 6 months to be considered a resident, will Alabama laws govern my divorce?   Or do I have to follow the statutes of Virginia?

In Alabama you can get a divorce pretty quickly.  In VA there is a year wait.   I don't want to have to wait the year!  I want this over.

Thank you in advance....

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Lee Borden
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« Reply #1 on: March 27, 2006, 07:49:42 PM »

Unless VA is unusual, you won't be able to file there unless (a) your spouse lives there or (b) you have lived there long enough to satisfy VA's residency requirement. So I think your question is moot. However, I can say that if you satisfy the requirements for venue and residency in VA, VA law will apply, not that of any other state.

So if you're determined to get a divorce quickly, plan to file in the state where your spouse lives.
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curious
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Posts: 5


« Reply #2 on: March 27, 2006, 10:24:41 PM »


I guess I should have given you more information because I am still not sure I understand if VA law or AL law would reside over my divorce.

Both my spouse and I now live in VA.  However, we have only been here one month.   When we left AL we were having major problems.  Guess we thought moving to VA would solve them.  It hasn't and now I have moved out and am wanting to start the divorce.   However, even though we both now live in VA, we haven't satisified VA residency requirements.   We still own a house in AL and still have AL drivers licenses.    I was curious as to if we are stuck in a situation now where we can't do anything until we have satisifed the 6mths residency requirements, or would we file as AL residence since we have as yet not been considered VA residents.

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