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CALLThe State of Virginia has residency requirements that apply to divorce, and these include at least one of the spouses residing in the state for at least six months prior to filing. Things only become more complicated from here, however. If you are facing a divorce, you need our experienced Arlington divorce attorneys at Bristle Schulze in your corner.
Virginia’s Residency Requirements
To file for divorce in Virginia, you or your spouse must have resided in the state for at least six months immediately before you file. This can mean that you and your spouse lived in the state together, that you both lived in the state separately, or that only one of you lived in the state during this time frame.
To meet the state’s six-month residency requirement, at least one of you must be domiciled in Virginia, which goes beyond simply being physically present in the state. If your divorce is based on your residency, proving that you are domiciled in the state requires a demonstration that Virginia is your true, long-term home.
All the following help establish that a resident is domiciled in Virginia:
- Obtaining a Virginia driver’s license
- Registering to vote in the state
- Licensing your vehicle in Virginia
- Paying taxes in the state
Establishing the residency requirements for a Virginia divorce can be quite challenging, but a focused Arlington divorce lawyer can make all the difference.
Filing in Arlington
If you are filing for divorce based on your residency of at least six months in Virginia and you live in Arlington, you will file at the Arlington County Circuit Court in the Civil Intake Division. If your spouse meets the residency requirement in another county, however, you’ll have your choice of filing in Arlington or in the county in which your divorcing spouse resides.
Factoring in Virginia’s Separation Requirement
Virginia also has a separation requirement in place for divorce cases. If you and your divorcing spouse share no minor children and have a separation agreement in place, you must have lived separately for an uninterrupted period of six months. Otherwise, the requirement is a full year of living separately.
While the separation requirement does not alter the residency requirement, it can complicate the matter. Virginia’s definition of separation is living separately and apart. Exceptions can, however, be made for living separately under the same roof. Discuss your unique circumstances with a savvy Arlington divorce attorney today.
Our Experienced Arlington Divorce Lawyers Are on Your Side
Our trusted Arlington divorce attorneys at Bristle Schulze understand how legally and emotionally challenging divorce tends to be. In response, we will leave no stone unturned in our focused pursuit of a divorce settlement that upholds your rights within the state’s complex legal framework. For more information about everything we can do to help you, please don’t hesitate to reach out by contacting us online or giving our firm a call at 703-454-0701 today.