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Legal Information: Virginia

Divorce

Laws current as of July 8, 2024

What are the residency requirements for divorce in Virginia if my spouse or I am in the military or a civilian employee of the United States?

You may file for divorce in Virginia if either you or your spouse is a member of the U.S. armed services and is stationed in Virginia for at least six months before you file. Being “stationed” in Virginia includes, but is not limited to:

  • living on a ship that is in port in Virginia; or
  • living at an air, naval, or military base in Virginia over which the U.S. has exclusive federal jurisdiction.1

You may also file for divorce in Virginia even while you are stationed in another country or territory as long as:

  • you lived in Virginia for six months before being stationed in another country or territory,

and either you or your spouse is:

  • a member of the U.S. armed forces; or
  • a civilian employee of the U.S., including a foreign service officer.1

1 Va. Code § 20-97

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