Q: Currently residing in VA, own property in both VA and CO. Does it matter which state we file for divorce?
Both properties were acquired during the marriage.
A: It would depend on what the residence requirements are in Colorado to obtain a divorce. In Virginia one of the parties has to have resided in Virginia for at least 6 months prior to filing for divorce. It also depends on the circumstances surrounding the divorce, because unless you have fault grounds, you have to be separated for 12 months (there is an exception to this if there are minor children) in Virginia prior to filing for a divorce.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
