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Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist you with your question for informational purposes.
You said that there was a motion for foreign judgment in Connecticut, but you did not state if that was turned into an Order. If the Connecticut has issued an order that it is taking over jurisdiction of the case, then you would file in Connecticut, and you would no longer file in VA. However, if there has been no such order, then VA would have continuing jurisdiction over your case and you would file there in VA. Until you see an order (not just a motion) being signed by a court stating that the jurisdiction is changed to another state, the original state's court retains jurisdiction over your divorce case.
Best of luck and thank you for your service to our country.
What does the "Order for Judgment by Foreign Court" from Connecticut state?
So, am I correct in understanding that YOU (not the ex) asked Connecticut to take over jurisdiction? And that you filed the motion regarding the foreign judgment? And that the Connecticut court has issued an order regarding the foreign judgment (but I still do not know if the Connecticut court said, 'yes, we will take jurisdiction,' or 'no, we won't take jurisdiction'.
If the Connecticut court issues an ORDER that states Connecticut accepts jurisdiction (which it probably will since you were the filing party and it's the state where your ex resides) then you would file in Connecticut. If there has been no such order, then the original state retains the case.
From what you have just clarified, it sounds like Connecticut has asserted jurisdiction, which means that you need to file your petition to modify the decree in Connecticut.
According to the laws you cited, the procedural laws would be used for Conn, but the substantative laws of of Va will be used.
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