I can I get divorced in the state where I was married, if I am active duty military living in another state?

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I can I get divorced in the state where I was married, if I am active duty military living in another state?

Married in FL; live in VA.

Asked on November 22, 2010 under Family Law, Virginia

Answers:

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

Answered 11 years ago | Contributor

It is the state that you are considered to be a resident of where you file for divorce.  Each state has a residency requirement for filing of a divorce petition and even a residency requirement per county.  There are, however, special rules for those on active military duty.  You in fact can file in Virginia if you are stationed there wile on active military duty.  That is my understanding of the law as it applies to those in the armed forces.  You also have certain protections in case you are deployed and are served by your spouse with divorce papers.  Get some legal help here.  Good luck. Be safe.  And thank you for serving our country.


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