Can I move out of state during my initial separation?

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Can I move out of state during my initial separation?

We have no children, no shared property, no debts. I am 39 years old. How can I get separated and divorced from him when he is living in one stae and I have moved to another. How long will it take for me to get a divorce here vs if I had stayed back there?

Asked on April 26, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing preventing you from moving out of state pending your initial separate from your current spouse since you have no children between the two of you.

In order to file for a marital dissolution, there is a residency requirement in most states, usually six (6) months. If you you wish to get divorced sooner rather than later, you should file the needed papers in the state and county where you and your spouse presently reside and begin the process.

You will then need to conclude the process in the state you moved to. Usually it takes six (6) months minimum under the laws of all states to get a decree of dissolution starting from the time when the other spouse who did not file the petition for dissolution is served with the summons and petition.

Assuming you move out of state pending your dissolution, it might be wise to retain a family law attorney to assist you in concluding the marital dissolution.


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