Legal Question in Family Law in Virginia
Divorcing someone I haven't seen in a year
I married a man whose visa was about to expire. We married in October of 2005. He obtained an imigration attorney and after getting my signature on a few legal papers he split. I have not heard from him since February 2006. I need to be divorced without him. I am looking for the fastest way possible. I've waited the past year because I was told we would have to be seperated for a year. So here I am. PLEEEEEEEEASE divorce us. I am a resident of VA. I also need a quote on the time line and cost.
2 Answers from Attorneys
Re: Divorcing someone I haven't seen in a year
You don't need an address for your "Mr. Fraudulence" in order to initiate divorce proceedings against him under the facts which you've recounted. You can seek the court's permission to give legal notice to this absconding scoundrel by way of publication in a local newspaper for four consecutive weeks or so.
This type of divorce could probably be achieved within 4-6 months at a cost of $750 to $1000.
You would also be well advised to notify the USCIS of what happened with respect to the apparent fraud committed by your husband in order to obtain his so-called "green card" and that you are now withdrawing all sponsorship of the petition that you filed in his behalf for his lawful permanent residency.
Re: Divorcing someone I haven't seen in a year
You will be able to file for divorce despite not knowing his whereabouts by serving by publication. How long your divorce will take cannot be pinpointed or guaranteed. You should contact an attorney directly to discuss the fee involved.
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Papers Do divorce supercede separation papers? Asked 3/18/07, 7:09 pm in United States Virginia Family Law, Divorce, Child Custody and Adoption