Am I A Virginia Resident For My Military Divorce

Posted on Apr 14, 2011 by Hofheimer Family Law


It's important to be aware of the residency and domicile requirements of initiating a divorce action in Virginia. At the time the divorce suit is filed, either you or your husband must be and must have been an actual bona fide resident and domiciliary of Virginia for at least the preceding six months. The facts supporting the residence and domicile must be supported in your divorce Complaint. The residence and domicile requirements are two separate requirements, both of which must be proven in order for the court to have jurisdiction over your divorce action.

"Domicile" simply means that you or your husband live in a place permanently or at least indefinitely. Upon your separation, you may establish your own separate domicile. There are special rules governing residence and domicile of members of the armed forces. The governing statute provides the following: If a member of the armed forces of the United States has been stationed or has resided in Virginia for a period of six months or more immediately preceding the commencement of the divorce suit, then that person is presumed to be domiciled in and to have been a bona fide resident of Virginia. Your attorney can clarify this further should you have any specific questions on domicile status.