What are the residency requirements for divorce?

In Virginia, individuals must meet various residency requirements before filing for divorce. In order for a court to take jurisdiction over a divorce case, at least one party must have been a resident of Virginia for at least six months immediately preceding the filing of the divorce petition. This means that the party must have actually lived in Virginia for six months and cannot have been merely temporarily visiting the state. If the party filing for divorce has not been a resident of Virginia for the full six month period, the court may have jurisdiction over the divorce if theresponding party is a Virginia resident. This is known as a “diversity case” in which the court offers a degree of protection to the responding party that it would not have if both parties were from the same state. Additionally, the party filing for divorce must have been a resident of the county or city where the divorce is filed for at least six months immediately prior to the filing for divorce. This requirement can sometimes be waived with the agreement of both spouses, but this agreement must be put in writing and signed by both parties. The residency requirements for divorce in Virginia must be met before a court will accept a case, but they are not difficult to meet if one of the parties lives in Virginia or if both parties agree to waive the residency requirement.

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What are the residency requirements for divorce?

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