# Separation - can anyone answer this?



## JJW (Nov 6, 2020)

Wife and I decided on separation/divorce under irreconcilable differences. We have no kids, no debt together. 
Married in Massachusetts 12/31/12. Resided in Virginia from 8/1/2010 to 8/3/2020. Sold our house 8/1/2020, moved to West Virginia to temporarily stay with her biological daughter until we purchased another home. We decided on separation/divorce 10/2020 and physical separation began 11/1/2020 when i moved into my apartment.
West Virginia requires a one (1) year permanent residency to even begin the filing process. Cannot wait that long. 
Can I file in the last county of Virginia we resided in? 
Its late, I am awake, stressed, and searching for a clear answer on this so I can start the process. Any advice? Contacts? Expierence?
I appreciate it.


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## Ms. Hawaii (Mar 28, 2018)

Short answer: you need to consult with an attorney who practices in Virginia. 

Long answer: 

“To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. 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.”

“What are the residency requirements?
To start the divorce process in Virginia, you must file a complaint in the circuit court where either you or your spouse lives. Determining where to file your divorce is a question of jurisdiction. A court must have jurisdiction over your case before it can grant your divorce, and each state has specific requirements. In order to file for divorce in Virginia, at least one of the parties must meet the residency requirements of Virginia Code Section 20-97. That section states in part that “no suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit.” So, the residency requirement is met if either spouse has had a permanent home in Virginia, even if that party was not physically present in the Commonwealth during every day of the time period. The law is absolutely clear on this point. Either you or your spouse must have been a resident for the required 6 month period of time during the separation and at the time that your file for divorce. The domicile requirement is a separate condition. Being “domiciled” means that you intend to live there permanently, or at least indefinitely. A person may have more than one residence, but can only have one domicile at any particular time. For a divorce in the state of Virginia, the jurisdiction is held by the county or city where the two parties last lived together as husband and wife. But, the petitioner may also choose to file the divorce in the county or city in which he/she resides, or in the county or city where the respondent currently resides, as long as that residence is within the state of Virginia and one of the parties has met the residency requirement.”

“§ 20-97. Domicile and residential requirements for suits for annulment, affirmance, or divorce.
No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of the Commonwealth, nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of, the Commonwealth at the time of filing such suit.
For the purposes of this section only:
1. If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of the Commonwealth during such period of time.
2. Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in the Commonwealth or at an air, naval, or military base located within the Commonwealth over which the United States enjoys exclusive federal jurisdiction.
3. Any member of the Armed Forces of the United States or any civilian employee of the United States, including any foreign service officer, who (i) at the time the suit is filed is, or immediately preceding such suit was, stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six-month period immediately preceding his being stationed in such territory or country shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding the filing of a suit for annulment or divorce.
4. Upon separation of a married couple, either spouse may establish his own and separate domicile, though the separation may have been caused under such circumstances as would entitle such spouse to a divorce or annulment.” 






Title 20. Domestic Relations







law.lis.virginia.gov






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