I would suggest that you do not waive your right to a hearing. One of the first things that needs to be brought to the courts attention at this hearing is that he is not a VA resident. I don’t know what the law is in VA for filing for divorce, but in NC if you haven’t been separated a year and a day, you can not file for divorce. Maybe you should contact a VA attorney and consult on what the next step should be.
Things work differently for military folks. My husband’s home state of record is GA, but when he divorced his ex-wife, the divorce proceedings took place in NC, because that is the state they were married in, and it was also the state he was living in at the time of the divorce complaint, even though he claims GA as home state and has had GA taxes taken out for all 18+ years of his military career so far.
How long has he been in Virginia? That could make a difference.
We were married here in the state of NC and he has been stationed in VA since June of 2004. He went overseas for some time and got back in March of 2006 when we separated. Before he has never claimed to be a resident of VA, now all of a sudden he is claiming to be a resident. When I spoke to an attorney at the base legal assistance office, I was informed that NC would have jurisdiction over the divorce, since we were married here and his residency on record is NC. So would NC have jurisdiction or VA if we were married in NC, but he his living in VA and I am still here in NC?
Greetings. I cannot answer on whether or not he is a resident of VA for the purposes of divorce if he is just living there with the military. I would consult an attorney in VA on that question. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I am pretty sure this has been a question before, but I would like to know can my STBX file for divorce in VA if he is a resident of NC. The situation is that he is in the military as you all know and he has stated that his legal residence is NC on all paperwork. I received a letter from his lawyer in VA that he is wanting to file for divorce in VA and asks that I waive my right to a hearing in the courts of VA. He has told his lawyer he is a resident of Va and has been for the time we have been separated, not to mention he told his lawyer we were separated two weeks before we actually were. The only reason he is in VA is because he is stationed there. He even pays NC taxes as far as his employment.
My question is can he file for divorce in VA given the fact that for military and tax purposes he states he is a resident of NC?