Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #159:
My husband and I were married in Newport News, VA in 2005, we separated for a year and a half in 2006. We got back together in December 2007. I left my husband in March of 2009 because he began to be cruel towards me and due to domestic violence on his part towards me in the past I left for fear that I would go through that with him again. I moved back to my home state of residence to live with my parents. We have a 3 year old daughter and I would like to get full custody of her allowing him visitation rights. I am not working and I would like to get help from DC now that I am a full resident again but I have been told I need to file paperwork for a legal separation and child support. I donít know where to begin. I want to know do I need to do these things in VA or DC. He has moved to live with his mother in MD and to my understanding will be residing there from now on. Where should I start as far as getting a legal separation agreement filed and custody/child support motions?

Answer:

You can file in the state where your husband is residing or in the state where you reside. Each state has its own jurisdictional requirements regarding length of time you must be a resident of such date in order for it to have jurisdiction. Consult with the county clerk in which you reside to find out how long you have to live in the jurisdiction in order for you to file for Divorce.

Leonard M. Weiner, Esq. /Divorce Solutions
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