Divorce 101: Getting Divorced in the Virgin Islands Part 1: Eligibility and Requirements
Divorce in the U.S. Virgin Islands is governed by the Virgin Islands Code Title 16 “Domestic Relations” specifically Chapter 3: Divorce and Annulment. Here is a link to a free copy of the 2019 U.S. Virgin Islands Code Title 16 Chapter 3 Divorce and Annulment.
First things first, you may want to know if you’re eligible to file for divorce. Ask yourself the two questions listed below. If your answer to both of the following questions is a resounding “YES”, then congratulations! You are eligible to file for divorce in the U.S. Virgin Islands.
Question #1: Do you want to get divorced?
According to Title 16 of the Virgin Islands Code section 104 (16 V.I.C. § 104), to get a divorce (or become legally separated) in the U.S. Virgin Islands, the person filing for divorce must show the court that there has been a breakdown of the marriage and that the marriage can no longer be preserved. Specifically, the law provides:
“A decree granting a legal separation or dissolving a marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” (16 V.I.C. § 104)
With that being said, the Virgin Islands is a “no-fault grounds” territory meaning that you do not have to prove, or attempt to prove, whose “fault” it is or why you want to get a divorce. The Virgin Islands Family Court does not want to hear the dirty details of who cheated, who can’t clean up after themselves, how you can’t stand your spouse, etc. If you want to get a divorce, you can get a divorce and Attorney Evert is here to help.
At this point, you may be thinking, “Wow… so it’s just that easy?” Not quite. There is an additional requirement that must be met before filing for divorce in the U.S. Virgin Islands.
QUESTION #2: Have you been in the U.S. Virgin Islands for six continuous and uninterrupted weeks?
According to Title 16 of the Virgin Islands Code section 106(a) (16 V.I.C. § 106(a)), you must be and have been in the U.S. Virgin Islands for SIX continuous and uninterrupted weeks up to and on the day of filing. The only exception to this requirement is if you are a person who is serving with the United States Army, Navy, Marine Corps, Coast Guard, Air Force, or the Merchant Marines, and who was a resident of the Virgin Islands at the time of his entry into military service or the Merchant Marines per 16 V.I.C. § 106(b). In that case, you will be deemed to have continuously resided in this territory during the time you are serving with the Armed Forces or Merchant Marines.
This means that you have to start your 42-day “countdown to divorce” over if you…
Went sailing in the BVI last Tuesday,
Went to Miami for a weekend three weeks ago,
Went on a cruise to the Bahamas earlier this month, or
Went ANYWHERE that is not St. Thomas, St. John, or St. Croix in the last 6 weeks or 42 days!
If you HAVE been in the U.S. Virgin Islands for 6 uninterrupted and continuous weeks and are ready to file for divorce, you will have to sign the Verified Petition for Divorce with your witness (a witness is another requirement of filing for divorce which will be discussed further in a later blog post) on the same day that you file. Once your Petition is filed, you are free to go. This means that if we file your Verified Petition for Divorce at 8:00 am, you can absolutely take an 8:01 am flight from the U.S. Virgin Islands to anywhere in the world. We just have to file your Verified Petition for Divorce before the plane wheels go up.
If you’re not sure if you meet this requirement, grab your calendar and start counting to 42. If you have met this requirement or would like to get started on your filing before meeting this requirement, click here to book your consultation with Attorney Evert!
