Legal Question in Family Law in Virginia

Re: need info for filing for divorce

The answers posted to this question are correct; it is common here in Northern Virginia to get a divorce by use of the "order of publication" process. No property or support issues are concluded by this approach, but that is often not a concern, since the defendant cannot be found to pursue getting support anyway.

Re: need info for filing for divorce

If you have done your due diligence in trying to locate the absentee spouse, you should be able to file a suit for divorce and obtain service on the defendant by publication. This would include posting notice outside the courthouse and running a notice in a newspaper for 4 weeks before proceeding with the action.

Re: need info for filing for divorce

It's not very complicated. You may file divorce in any jurisdiction in which you have resided for six months. If you do not know the whereabouts of the spouse, you have to serve them by publication. You get the right to do this by filing a motion after the divorce has been filed with an affidavit swearing that you have used your best efforts to locate the spouse. Once approved you publish a notice in a newspaper of national circulation for four weeks. Once done, you can get the divorce finalized without them.

Good luck.