A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Virginia, to file for divorce, at least one of the spouses must have been a resident of the state for a minimum of six months prior to filing. The divorce can be filed in the circuit court of the county or city where the spouses last lived together, or at the option of the filing spouse, in the county or city where the defendant spouse resides, if they are a resident of Virginia. If there are no minor children from the marriage, and a separation agreement is in place, spouses may file for an uncontested divorce, which can be quicker and less complicated. However, if there are minor children involved, the state requires the parties to live apart for one year before filing for divorce. The specific statutes governing these requirements can be found in the Virginia Code, particularly within the sections pertaining to domestic relations.