12.1 Introduction

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

12.1 INTRODUCTION

12.101 A Defensive Perspective. Jurisdiction in divorce cases is determined by the statutes and rules of each state within a framework of constitutional principles that must be adhered to. The affirmative perspective— how to obtain an interstate divorce—is presented in Chapter 2 of this book. The discussion in Chapter 2 concerning jurisdiction over out-of-state defendants addresses how a Virginia plaintiff can obtain a divorce in a Virginia court when the defendant resides outside of Virginia. This chapter will discuss the jurisdictional issues that arise in interstate divorce suits generally and will address how to represent the defendant facing claims by a divorce plaintiff where interstate jurisdictional requirements may not be met.

12.102 Migratory Marriages. The following examples illustrate some of the situations encountered in interstate divorce suits:

• A Virginia wife has just learned

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