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Hi my name is Missy. I lived in Fl for 9 years. I was married in 04 to the man I moved to FL for. Things were not working out and I have decided to come home to VA. I have moved in with my mom and dad. I have been here for a month now. I would like to start getting my divorce. But I don't know if I can file since I have only been here for a month. He has been agreeable about things I want from the house so far but I know he will hit the roof when he finds out I want half of the house. Can anyone give me advice?
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Divorce
You may want to check out this article: Divorce Law
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In order to start the divorce process you must file a complaint in the circuit court where you or your spouse lives. In your complaint or at the hearing, you will have to meet the residency requirement for the ground you specified above. Divorce laws apply only to the residents of a state, and each state has its own residency requirements. For the ground of voluntary separation without cohabitation, the residency requirement is six months in Virginia. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. You do not file a separation agreement with the Court. The law absolutely requires that you or your spouse has been a resident for the stated period of time immediately prior to and at the time that you file for a divorce. For example, you cannot have lived in Virginia for six months before moving to Nebraska for another six months and then come back to Virginia to file for a divorce. However, after you have filed, you can move anywhere in the world.
Virginia Divorce Law) |
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