I’m active duty military and I’m trying to figure out what state I should file my divorce in. My home of record is in VA (my parents’ home, still get mail there). I have a Georgia license but pay taxes in Texas. Right now, I live in Texas but I’m deployed. My wife has a learner’s permit from Virginia and a green card. She’s been living in VA for about 7 months. Which state should I file in?
It sounds like you have a few options! Since your wife lives in VA now, you could probably file there. VA generally requires one of you to live there for 6 months, so she should be good. Plus, your home of record is also VA, so that could help you if needed. But you can also file in Texas since you live and pay taxes there, even if you’re deployed. That might be simpler since it’s where you’re stationed.
I’d recommend VA since your wife is living there. That might be the smoothest option, especially if she’s cooperative. Plus, Virginia has a pretty straightforward residency requirement.
Don’t forget that Georgia might not be a good option unless you’ve been living there recently. If you’re not actually residing there, the residency requirement could be tough to meet.
If you want to be sure, you could always check with a military legal office. They’re really good at helping with situations like this and can give you the most up-to-date info on where to file.
Sounds like Texas or Virginia are your best bets based on your situation. But yeah, getting a lawyer’s opinion might help clear up any last details.