Roanoke, VA asked in Divorce for Virginia

Q: Do you follow the laws of divorce for the state you file in, regardless of where you were married at?

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Depending on the circumstances, a divorce is typically filed in either the state where the defendant resides, or the state where the plaintiff (filer) resides. The place of marriage is irrelevant.

Due process requires notice and an opportunity to be heard. Further, if property rights, such as support or equitable distribution are involved, the defendant must have some meaningful connection to the forum state. With sufficient contacts, the defendant can be required to answer in that state under long-arm jurisdiction.

While s divorce may proceed in the state where the plaintiff (filer) spouse resides, if the defendant has no connection there, only the marital relationship can be dissolved.

Any spouse contemplating separation or divorce should consult with an experienced Virginia divorce lawyer to discuss the most appropriate forum for any action.

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