If you recently moved to Virginia and now need to get divorced, you might be wondering how long you have to live in Virginia to file for separation or divorce.
In order to get divorced, a court has to have jurisdiction, which requires meeting the residency requirement. Under Virginia Code § 20-97, either the plaintiff (you) or defendant (the other spouse) must have been “an actual bona fide resident and domiciliary of the Commonwealth” by living in Virginia for a minimum of six months immediately before filing the divorce complaint. Also, you must prove an intent to remain in Virginia permanently or indefinitely, coupled with actual physical presence.
Work Out of State?
A Virginia court will require proof of “actual bona fide residency” or domicile before being able to grant a divorce. Generally, a person can have only one domicile at a time, even if they temporarily reside elsewhere.
What you if you work out of state but keep a home in Virginia?
You may still be considered a Virginia resident for divorce purposes. Under Virginia law, physical presence alone does not necessarily constitute Virginia residency. A court factors that demonstrate the individual’s long-term intent to remain in the state, such as permanent residence, ownership or lease of real estate, registering to vote, obtaining a Virginia driver’s license, paying state taxes, enrolling children in local schools, and several other factual determinants indicative of the permanent home and intended duration in Virginia.
Timing Considerations
Under Virginia law, you or your spouse must meet the six-month residency standard before and up to the date of filing. Interruptions, such as temporary moves to another jurisdiction, will reset the calculation, delaying your ability to file. For practical purposes, courts carefully evaluate evidence of the continuous nature of residency.
In a contested divorce case where residency may be challenged, courts in Virginia often scrutinize the timeline closely. It is advisable, therefore, to ensure thorough documentation of the period of actual continuous residency, particularly if there might be disputes from the other party regarding jurisdiction.
Active-Duty Military in Virginia
Active-duty military members and their spouses face unique factual situations for a Virginia divorce. Military service members stationed in Virginia due to official orders may fulfill the residency requirement, provided they demonstrate an intent to establish domicile in Virginia. Status as a service member alone, without clear intent to remain, will typically be insufficient to establish domicile (Virginia Code § 20-97).
However, even if a military service member is not domiciled in Virginia, the spouse may still satisfy the residency requirement independently for jurisdictional purposes. Military spouses who move to Virginia accompanying their service member partner can meet the six-month test if they establish intention and actions evidencing domicile, such as obtaining local licenses, registering to vote in Virginia, filing taxes, and enrolling children in Virginia educational institutions.
Contact a Virginia Divorce Lawyer
Since Virginia courts strictly apply the six-month residency rule, contact a divorce lawyer to resolve any questions before attempting to file for divorce. Otherwise, your case might get dismissed, which only delays and increases costs for you and your former spouse. Our firm has helped clients who serve in the military, work out of state, attend school, or otherwise have unique situations requiring proof of residency. Call us today for a consultation.