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Virginia Divorce ~ Virginia Residency Requirements

In order to begin divorce proceedings you must first file a complaint in the circuit court where you or your spouse lives.  You will have to meet the residency requirement at your hearing in court.  Divorce laws apply only to residents of the state where you file and each state has its own residency requirements.  For grounds of voluntary separation without cohabitation, the residency requirement in the state of Virginia is six months.  If no children are involved in the marriage you must be separated six months and have written a property settlement agreement before you file for divorce.  If there are children involved in the marriage, you must be separated a minimum of one year before you may file for divorce. 

Virginia law requires that you or your spouse has been a resident for the above stated period of time immediately prior to and at the time your divorce is filed.  After you have filed you can move anywhere without limitations.

To fulfill residency requirements you do not have to live at the same address.  You can move anywhere in the Commonwealth from which you are filing.  It is not necessary to list all addresses on your forms, but you will need to prove where you lived during the separation during your final hearing.

Source :  Virginia State Code

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