Legal Question in Family Law in Virginia

Re: marrital law

I do not fully understand your question.

If he has, in fact, deserted the home, you have a potential ground for a fault-based divorce. If serving him with a divorce complaint is your concern, use an order of publication. The latter, however, will not resolve issues with your property, including your home.

From a practical stand-point, if you intend to move and he has already long abandoned you and your children, I think the likelihood of your being charged with desertion is low and even lower if you send correspondence to his last-known address informing him of where you intend to move.