Possible to get an uncontested divorce living in two different states?

I have been separated from my husband for 5 years. I live in VA,he lives in Washington state.is it possible to get an uncontested no-fault divorce between those two states?

Asked on June 25, 2009 under Family Law, Virginia


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are able to get a divorce when you and your spouse live in different states. The issues become proving residency and a connection to the state you are filing in.

As an example if you have a connection such as the marriage took place in VA, you both lived there for a certain number of years etc. you will be able to satisfy the required need for a connection to that state. I am not aware of the specific circumstances surrounding you case so it is hard to give you a definitive answer. What I would suggest doing is contacting a local attorney whom you would like to handle the divorce for you. At that point they will ask you questions such as where the marriage occurred, how long you lived in VA etc. Once you have the initial consultation you and the attorney can decide if you have enough of a connection to VA to begin the action.

You are also welcome to re-post on here with additional information to help me answer you more thoroughly. good luck

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

Answered 11 years ago | Contributor

You can get a no-fault divorce in Virginia, whether contested or uncontested.  Basically, to file for a divorce, one of the parties must currently be and have been an actual bona fide resident and domiciliary of the state for at least 6 months preceding the commencement of the suit.

Note:  Since your husband is a non-resident you must make sure that he is properly served with all legal papers.

You should probably consult with an attorney in your area about this.  However, if you decide to file yourself, their are self-help kits that can be purchased and court personnel can be extremely helpful in explaining the procedures involved.

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