Divorce in 2 different states

[Need2know2010]

What is the name of your state (only U.S. law)? VA
Hi. I've been a resident of Virginia for a year. I have been estranged from my wife for over 2 years. We have a 10 and 8 year old together. Do I have to file for a divorce in NYC (where my wife and childern lives) because of the childern or can I file in Virginia?

 

[mistoffolees]

You can file in Virginia if all you want is a divorce. However, if you want to address custody issues (and if the kids are living in NY the way it sounds), the divorce would have to be processed in NY.

Here are the residency rules for whether you can file in NY or not:
New York Divorce Source: State Divorce Laws: New York