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Used to live w/spouse in VA, he lives in KY and i live in GA-Help!

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c_randerson

Junior Member
What is the name of your state? Georgia
We lived together in Va, we were legally separated there in 2004. He moved to KY soon after. I recently moved to GA. I tried to file for divorce and full custody of our child but was told that i must live here for at least 6 months to be considered as a resident of GA to be able to file for divorce. I was told to either file in VA or in KY. I called a lawyer in KY, he said to file in GA because i live here. I also called a lawyer in VA, they said i can not file in VA because neither 1 of us lives there anymore. I need clarification-please!!!
 


mistoffolees

Senior Member
What is the name of your state? Georgia
We lived together in Va, we were legally separated there in 2004. He moved to KY soon after. I recently moved to GA. I tried to file for divorce and full custody of our child but was told that i must live here for at least 6 months to be considered as a resident of GA to be able to file for divorce. I was told to either file in VA or in KY. I called a lawyer in KY, he said to file in GA because i live here. I also called a lawyer in VA, they said i can not file in VA because neither 1 of us lives there anymore. I need clarification-please!!!
How long have you lived in GA?

You've been separated for 4 years so is it really urgent to file right now or can you wait the 6 months? It's going to be easier and less expensive if you can do it locally, so if there's no huge rush, I'd just wait the 6 months and file in GA (unless there's a huge difference in the laws between the two states which makes GA unfavorable for some reason, but a local attorney can advise you on that).

What happened to the child when you separated? If the child stayed with you in VA and you only recently moved out of VA, I believe that would be the place to file for custody. If the child went to KY with the father, then KY would be the place to file for custody. I'm not an attorney, so I'm not sure about that, but I THINK that's right.
 

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