If I was married in one state and moved to another but yet have don’t have residency there, how can I get divorced?

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If I was married in one state and moved to another but yet have don’t have residency there, how can I get divorced?

I have been separated from my wife for 5 years. We have had no separation agreement and can both can make the claim of not providing child support. We have 3 children (16, 17, and 19). Wife has become very threatening and I want to have this divorce ASAP. I was married in MD and I now live in VA.

Asked on June 8, 2011 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

You must live in VA for at least 6 months in order to be considered a resident. If you have lived there for less than that perid of time, then you are still a resident of your former state, in this case MD, so you could file there. Also, you can file in the state in which your wife resides (although I assume that is MD). Either that or you could wait until you establish VA residency.


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