Legal Question in Family Law in Virginia

Re: Divorce

Yes, you can be divorced without knowing where your husband lives. You would have to put an ad in the newspaper giving notice that you are seeking a divorce. This is called an Order of Publication.

I have been practicing family law since 1991 and would be happy to consult you in this regard. If you would like to set an appointment you can contact me accordingly.

Re: Divorce

You can divorce your husband in Virginia even though you don't know his current whereabouts

by giving him legal notice of the divorce action in a newspaper(published the required number of consecutive weeks)after you receive the court's permission to do so via an order of publication.

As to your question regarding how you could find out as to whether your husband may already have divorced you, you might make inquiry of the courts which handle divorces in Arkansas in the jurisdictions where your husband was known to have last resided and see whether they have any record of it.(Some such courts may now have online search capabilities.)

Re: Divorce

You should consult with a Virginia attorney to discuss the application of the law to the facts of your particular situation. The following is general legal information on service by publication in Virginia.

Service by publication is governed by statutes in Virginia. These statutes must be followed closely as this is a form of constructive notice. You should consult with an attorney in your area before you attempt to serve a party by publication.

A court may decree the dissolution of the marriage with service by publication when the plaintiff has made diligent efforts to locate the defendant and has been unsuccessful and the defendant�s location remains unknown or when the sheriff has attempted to serve the defendant at his or her last known address and has filed a return stating that the sheriff has been unable to serve the defendant. The court will not have the power to order spousal support or equitably divide the marital property of the parties if the defendant was served by publication because the court lacks personal jurisdiction over the defendant.

Upon proper application by affidavit, the clerk of court may enter an order of publication. There are three time requirements that may affect the progress of the case. First, the clerk must transmit the order to the newspaper, if required, and mail the order to the defendant at the defendant�s last known address within twenty days after the entry of the order of publication. Second, the defendant must be given a date no less than 50 days after the order of publication is entered to appear and protect his or her interests. Third, if the order of publication is required to be advertised in a newspaper, then the ad must run once a week for four successive weeks.