Domestic Violence and divorce

[surfgrl103]

My husband and I have been living in different states for 4 months. On a recent visit he assualted me and now has a warrant out for his arrest. I have no idea where he is living in another state and need to know if there is any way to rush a divorce due to domestic violence. I also don't know if I should file in NY where we were married and lived for 4 years, or file in VA where I have just moved 4 months ago without him.

[Mr. Knowitall]

If you file in New York, and you and he are still considered legal residents of New York, the court should have jurisdiction to divide the marital estate. If you file in Virginia and he doesn't appear, you could get a divorce but the judge would probably decline to resolve any issues pertaining to the marital estate or spousal support due to your husband's lack of contact with the state. (You can also file where your husband is domiciled, assuming he meets that state's residency requirement.)

Virginia appears to have a six month residency requirement before you could file for divorce.