How do I file if my wife lives in a different state?

I left my wife and moved to out of state 2 months ago. We had lived together for 3 years in my old state but originally in the state in which I am now living. Where can I file for a divorce?

Asked on September 9, 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, it is a common misconception that a couple must file for divorce in the state in which they were married. This is not true. A divorce is filed in the state in which either the husband or wife legally resides. The key here in the case of a move, has legal residency been established by the parties? In your case, since you only moved 2 months ago, you most probably have not yet done so in your state (typically it requires about 6 months but you can google to check specific state law). Accordingly, you can wait until you do establish legal residency or you can file in the state in which your wife has legal residency (and in which you are still a legal resident). At this point, you should consult with a local attorney; they can best advise you in which state filing may be most beneficial for you and therefore whether or not you should wait to file.


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