Legal Question in Family Law in Virginia
How can I get a divorce if I don't know where my husband lives and even if I did he has stated his refusal to sign? We have been separated for 18+ years.
We married in Virginia 02-10-1998 and have been separated since 01-28-1999. We had no children together or assets of any kind. I talk to him every few years on the phone and he has stated he is "Not ready for a divorce and will not sign papers." I know he lives somewhere in California but that is all the information I have. 18+ years later I would like to remarry and relocate from VA to NC but have this issue.
1 Answer from Attorneys
Contrary to what you see in the movies, there is no need to have your husband sign anything to get a divorce. A divorce is not based upon whether the other spouse signs anything or not.
If you have been separated and living apart without a realistic hope of reconciliation and without cohabitation (sleeping together) for 1 year or more, and one of you has lived in Virginia for at least 6 months, the court will grant you a divorce.
You do have to "serve" papers on him, but there are ways to do this if he can't be found. If you attempt service at the last known address or addresses, without success, you can ask the Court for permission to "serve" him "by publication" -- that is, by a legal notice published several times in the newspaper near where you last knew him to be.
I wouldn't advise trying to do this yourself. However, it looks like you are too far away for me to help you from Woodbridge.
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