Legal Question in Family Law in Virginia
My Ex is avoiding me to file divorce procedures
we were married in vegas and resided in virginia for our 2.5 years of marriage. we've been seperated now for almost 1.5 years. i moved out completely february 2008. i have since been trying to contact him regarding divorce for over a month now. he has not replied. i only have email and myspace to contact him. i emailed his sister unsure if she knows where he is or if she even checks that email box anymore. i threatened bankruptcy now (which i did plan to do; but at a later time; but will do now if it will move things along) because i know he might freak out if his credit gets effected. if he doesn't respond after that; what are my options? i really want this relationship resolved. he was physically and mentally abusive in addition to being unfaithful. we have no kids and i didn't take and don't want any property. all i asked was that he logged online and filled out the no-fault divorce paperwork and i would take care of the rest. can he be found and sued or something for refusing to deal with this or be served? what can i do to dissolve this marriage and move on with my life?
1 Answer from Attorneys
Re: My Ex is avoiding me to file divorce procedures
If you believe he lives in Virginia (i.e. that's the last known address you have for him) you can file suit for divorce and serve him "by publication". The court would put a notice in a local newspaper that you are seeking a divorce and advising him to respond to your suit; if he does not you can proceed to get the divorce in Virginia, but you would have to to come to court to testify in Virginia and have with you a witness who can corroborate that the two of you have been separated for over a year.