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Divorce in different state

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nash_hp

Junior Member
What is the name of your state (only U.S. law)? Tennessee


A friend and his wife lived in Virginia with their two children. They are now seperated and he has moved back to Tennessee. Will he have to go back to Virginia to file for divorce?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Tennessee


A friend and his wife lived in Virginia with their two children. They are now seperated and he has moved back to Tennessee. Will he have to go back to Virginia to file for divorce?
How long have the children lived in Virginia? Most likely VA is the state which has jurisdiction for custody/support issues.
 

nash_hp

Junior Member
The children are 12 and 8 and they have lived in Virginia their whole lives. The wife is telling the husband that he can have full custody of the kids but only if he moves back to Virginia which he has no intentions of doing. Right now he gets his kids for the summer and at certain holidays. They are both being pretty agreeable on joint custoday, that will not be an issue. He just did not know if he could have her served with divorce papers from Tennessee or will he have to hire a Virginia lawyer to handle it?
 

Ohiogal

Queen Bee
The children are 12 and 8 and they have lived in Virginia their whole lives. The wife is telling the husband that he can have full custody of the kids but only if he moves back to Virginia which he has no intentions of doing. Right now he gets his kids for the summer and at certain holidays. They are both being pretty agreeable on joint custoday, that will not be an issue. He just did not know if he could have her served with divorce papers from Tennessee or will he have to hire a Virginia lawyer to handle it?
Virginia has jurisdiction over the children and even the wife. TN may not even have personal jurisdiction over the wife. VA is the place to file.
 

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