Getting divorced and we live in 2 different states

I’m trying to get divorced from my current husband. I’ve been living in my state for 1 1/2 years and my husband has been living in another state for a1 year. We have 4 children together and we both have 2 kids each. What’s the process to get a divorce? He is in agreement but only if I pay for it. How would I start the process and what if I file and he doesnt answer? Will they grant me a divorce if he doesn’t answer within a time period?

Asked on May 18, 2016 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, if both of you are legal residents of your respective states, you can sue for divorce in either state. If you want to file in VA, here is a link to a site that I think you will find to be of help: http://www.valegalaid.org/DIVORCE. If you want to file in your husband's state of residence, you can either google for for more information or contact an attorney in that state for further information. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You will need to get a packet of forms from the court for a petition for dissolution of marriage.  Complete the packet of forms, file it with the court, have it served on your husband, then file the proof of service  with the court. Have a process server in or near your husband's city serve him.  You can find process servers under attorney services either online or in the Yellow Pages.
If your husband does not respond within the specified time period, you win by default and your divorce will be granted on the terms you requested.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.