How do I get a divorce, if I’m not present in th state?

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How do I get a divorce, if I’m not present in th state?

I’m in the U.S. Navy I have been separated from my wife for 4 years. We have 2 kids, 6 and 9 years old. I’m stationed in another state. How do I get a divorce in her state if I’m not present?

Asked on May 7, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are filing for divorce then you generally file in the state in which you reside and have been resideing for the period of time required under the law to start an action for divorce.  That is generally 6 months.  However, you are technically not a resident as you are stationed there in the military.  But the law accomodates the military and states have enacted special residency rules for those on active duty.  You are in Virginia, correct?  Check with an  attorney there as to the requirements.  You may be able to file and then serve her in the other state.  Good luck.  And thank you for your service to our country.


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