WVboy
New
Reged: 05/22/08
Posts: 3
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My mother received papers for a divorce and has only 20 days to respond. They were married in WV over 20 years ago. She lives in TN. He left TN and filed for divorce in WV. He has only been in WV 2 months. They were married in WV but lived there as a married couple only 5 months. Can he file for divorce in WV although he has resided there for only a couple months? Does my Mom need a WV attorney or a TN attorney? Please help
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tookway2much
Platinum
Reged: 03/31/08
Posts: 627
Loc: Going toward the light!
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Wow, you definitely have questions for an attorney.
You may be better of to go on this divorce forum, but go to life after divorce, and repost. You will receive more answers
and support. WV forum, people appear to be asleep.
Wishing you and your Mom the best.
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I don't worry about the people in my past. There is a reason they are not in my future.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3115
Loc: Colorado
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Here's what I found - "In an action for divorce at least one of the spouses must have been a resident of the state for at least 1 year, except if the marriage took place in West Virginia, the 1 year residency requirement is waived." - http://www.divorcesource.com/info/divorcelawsreq/westvirginia.shtml
WV jurisdiction is therefore legally acceptable and since he filed first, established. If she does not wish to contest jurisdiction, the divorce will proceed in WV and she'll want to have a lawyer in WV to help her.
If she would rather divorce in TN, she will have to fight for a change of jurisdiction. I think it would be best to start with a local lawyer to help her with that. If there are custody and child support issues to be worked out and the children live in TN, she'll have a good case for a change of jurisdiction.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3115
Loc: Colorado
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"You may be better of to go on this divorce forum, but go to life after divorce, and repost. You will receive more answers
and support. WV forum, people appear to be asleep."
Methinks posts are just more likely to get buried over there. The "Active Topics" link at the top of every page shows you what's going on everywhere. I don't think people should be encouraged to intentionally post in the wrong forum.
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WVboy
New
Reged: 05/22/08
Posts: 3
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Thank you both for your responses. My mom has an attorney in TN that will try to change the venue/jurisdiction based on the fact that they have real estate in TN that will have to be sold. I am also going to speak with a WV next week to get his recommendations also. Thank you kindly for your help.
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