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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Where to File Divorce After a Long Separation

    A couple was married in New York but, after a short relationship, separated. They have not seen each other for twenty-five years. There are no children or property issues. The wife now lives in Virginia and wants to get a divorce. Does she have to file where they lived together as a couple, or can she file for divorce in Virginia where she now lives? Can she still go back to her maiden name when she gets the divorce?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Where to File Divorce After a Long Separation

    The wife may file for divorce in Virginia, or she may file where her husband presently lives, as long she (or he) meets the residency requirements for her state and county -- in Virginia, she must have been a resident of the state for at least six months.

    She may request the name change as part of her divorce petition.

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