Before you file for divorce on your own, you need to talk to
your spouse, if possible, and find out how he/she feels about the divorce and
about the issues mentioned above. This will give you an indication on how to
proceed with the divorce.
The law limits the authority of the court to grant divorces
(known as a question of jurisdiction-can this court hear this divorce?). The
law also dictates when the court has jurisdiction over a divorce proceeding.
Within Virginia, the circuit courts have jurisdiction to
hear divorce cases. Generally, the circuit court with jurisdiction for your case
is the circuit court in the county where you live or the circuit court in the
county where your spouse lives. When you file the relevant papers, you must
have stated your grounds for that court to have jurisdiction. If not state
correctly, your spouse could file a motion to dismiss your case.
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