Roanoke, VA asked in Divorce for Virginia

Q: I was married in nc but live in va now n my spouse lives in nc can I file for divorce in va

I dont want nothing to do with my children

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1 Lawyer Answer
Jessica Wildeus
Jessica Wildeus
Answered
  • Richmond, VA
  • Licensed in Virginia

A: You can file for divorce in Virginia as long as either you or your spouse have lived here for at least six months prior to filing. So if you have lived in VA for at least six months, you can file here.

If your children live in North Carolina, a Virginia court would likely not have jurisdiction (the power to make a decision) over any custody issues.

If you file in Virginia, and your spouse lives in NC, you must also be careful to get jurisdiction over your spouse, since they live out of state. The easiest way to do this is to have them consent to jurisdiction. You can also have a North Carolina sheriff serve them with divorce papers.

You can consult with either a private attorney or one of Virginia's pro bono services to make sure this is done properly.

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