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  1. #1
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    Apr 2020
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    Default Filing for Divorce in Va After Spouse Files Overseas

    Hi everyone, my question involves whether I can file for divorce in Virginia after my wife filed in an EU country. I have not been served although she filed in December 2019. I only found out about it because she applied for legal aid and the court had to give me the option of commenting on her request. They also attached a copy of her filing for divorce in that country.

    I have received absolutely no further communication from the court. Can I file in Virginia, where we were married and I now live and meet residency requirements to file for divorce? The marriage was also recognized by the EU country, where we resided prior to me returning to the US.

    I'm not sure the divorce in that country would be fully recogized.

    Thanks in advance..

  2. #2
    Join Date
    Jul 2018
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    2,745

    Default Re: Filing for Divorce in Va After Spouse Files Overseas

    Quote Quoting nordpol
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    Hi everyone, my question involves whether I can file for divorce in Virginia after my wife filed in an EU country.
    Yes, you can file. However, it's possible that your ex might be able to move to dismiss the case because she filed first in another jurisdiction.


    Quote Quoting nordpol
    View Post
    I'm not sure the divorce in that country would be fully recogized.
    If a divorce is validly made in an EU country, it will be "recognized" as valid in the U.S. That doesn't necessarily mean every aspect of such a divorce would be enforceable, but a lot will depend on the facts and circumstances, virtually none of which appear in your post. I suggest you consult with a family law attorney in your area.

    Out of curiosity, since you've known about this for four months, why are you only now asking about this?

  3. #3
    Join Date
    Apr 2020
    Posts
    1

    Default Re: Filing for Divorce in Va After Spouse Files Overseas

    I expected to be served by now. I consulted with a local attorney in that EU country and was told that I wouldn't qualify for legal aid because I am no longer resident there. I cannot afford an attorney. I am also not confident I'll be notified in time of any hearing (previous experience with bureaucracy in that country suggests I will not be).

  4. #4
    Join Date
    Jul 2018
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    2,745

    Default Re: Filing for Divorce in Va After Spouse Files Overseas

    Quote Quoting Yenisei
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    I expected to be served by now. I consulted with a local attorney in that EU country and was told that I wouldn't qualify for legal aid because I am no longer resident there. I cannot afford an attorney. I am also not confident I'll be notified in time of any hearing (previous experience with bureaucracy in that country suggests I will not be).
    Are you the OP posting under a different screen name?

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