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NYCLAWYER
NYCLAWYER, Lawyer
Category: Family Law
Satisfied Customers: 56537
Experience:  LICENSED NY AND NJ LAWYER
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Can I file for divorce in if spouse and 2 minor children

Customer Question

Can I file for divorce in Virginia if spouse and 2 minor children live in New Jersey. I meet the VA residency requirement.
Submitted: 7 months ago.
Category: Family Law
Expert:  NYCLAWYER replied 7 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  NYCLAWYER replied 7 months ago.

It can be filed where either party resides. That said, lawyers generally recommend filing where the other side is located to ensure service of process, jurisdiction and court orders are more easily enforced.

Customer: replied 7 months ago.
The issue was with my 2 minor children. NJ said to file there. VA said the judge would decide? I live in VA and can't imagine having to go 11 hours north.
Expert:  NYCLAWYER replied 7 months ago.

You can file in either state, although NJ is better and can have a local lawyer handle most of it on papers without your personal appearance except for limited reasons such as a trial, if it comes to that or a court required hearing, and phone appearances are common!

Customer: replied 7 months ago.
I guess, the better question would be; if I file in VA, can they "reject" the divorce and require I file in NJ?
Expert:  NYCLAWYER replied 7 months ago.

Legally, No, but it is harder, and a party could file a motion for a transfer which could be granted.

Expert:  NYCLAWYER replied 7 months ago.

You will save time and money proceeding in NJ

Expert:  NYCLAWYER replied 7 months ago.

I wish I could tell you otherwise. Kindly let me know if the answer is fast and clear.

Customer: replied 7 months ago.
fast and clear, but NJ is such a difficult state to deal with.
Expert:  NYCLAWYER replied 7 months ago.

a local and experienced lawyer will navigate it for you and will help resolve it quickly and cheaply.

consider avvo.com and findlaw.com in finding local counsel to handle.

Kindly rate me 5 stars.

Expert:  NYCLAWYER replied 7 months ago.

Kindly confirm the answer is acceptable, and if I can clarify anything else let me know, thank you.

Expert:  NYCLAWYER replied 7 months ago.

Thanks in advance. Kindly rate me positively.

Expert:  NYCLAWYER replied 7 months ago.

and if need any clarification, let me know

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