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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42815
Experience:  30 years as a family law lawyer .
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I married a military man in Puerto Rico, we lived in GA for

Customer Question

I married a military man in Puerto Rico, we lived in GA for a year where he was stationed, then he was moved to VA where we have lived for 3 months. I am on permanent disability and unable to work. We are divorcing...which state laws are we going to have to file under and what type of support will I be entitled to?
He has military lawyers and I am unsure which state I should contact a lawyer.

Any direction would be so helpful
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your questions.Unless you can make five years here befoer filing your chances of spousal support are limited.You have a right to fair division of property and also his retirement.If you could put this off say a cou-ple of years you would be better candidate for spousal support.

You would be better off here to separate but not file for divorce for a couple of years.Time here increases your share of military retirement and would get you spousal support.Also you are getting military dependent coverage here so to me you should not file here and try to drag out the marriage awhile. If you are receiving SSDI here then you have some income. The military here will not represent him in a divorce so maybe you separate but don't file awhile here if you can put it off.
RayAnswers and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
I will not be able to drag out longer...he is insisting on divorce. Which state do I need to file VA, GA or where we were married Puerto Rico?
Expert:  RayAnswers replied 8 years ago.
You file in Virgina here where you are a resident.Since you are disabled the court might award you something short term as well as pousal support.Maybe a year to 18 months if you are lucky.He will have to wait a couple of moths here.He has to wait six months in Virginia..


Grounds for Filing: The Complaint for Divorce must declare the appropriate Virginia grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

Divorce from the bond of matrimony may be decreed:

No Fault:

(1) Living separate and apart without any cohabitation and without interruption for one year with children.

(2) Living separately and apart without cohabitation and without interruption for six months without children.


(1) For adultery or sodomy;

(2) Imprisionment for more than one year;

(3) Where either party has been guilty of cruelty;

(4) Willfully deserted or abandoned the other.

(Virginia Code - Title 20 - Sections: 20-91)
Expert:  RayAnswers replied 8 years ago.
More information for you..

In order to start the divorce process you must file a complaint in the circuit court where you or your spouse lives. In your complaint or at the hearing, you will have to meet the residency requirement for the ground you specified above. Divorce laws apply only to the residents of a state, and each state has its own residency requirements. For the ground of voluntary separation without cohabitation, the residency requirement is six months in Virginia. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. You do not file a separation agreement with the Court. The law absolutely requires that you or your spouse has been a resident for the stated period of time immediately prior to and at the time that you file for a divorce. For example, you cannot have lived in Virginia for six months before moving to Nebraska for another six months and then come back to Virginia to file for a divorce. However, after you have filed, you can move anywhere in the world.