Do both my spouse and I need to be living in Virginia in order to get divorced in Virginia?

No. In order to get divorced in Virginia, one of the parties must have been an actual and bona fide resident and domiciliary of the Commonwealth of Virginia for at least six months prior to the filing of the complaint for divorce. In other words, either you or your spouse must have lived in Virginia and had the intent to permanently remain in Virginia during the six months before the divorce complaint was filed. Since domicile can be a complex issue, parties should consult with an attorney in order to avoid filing in the wrong jurisdiction.

There are also special residency provisions that apply to members of the armed forces. Any member of the armed forces who has been stationed in Virginia for at least six months or who has resided in Virginia for six months prior to being deployed overseas would satisfy the residency requirement needed to file for divorce in Virginia.

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