Legal Question in Family Law in Virginia
Missing Spouse Divorce Procedure?
My ''husband'' abandoned my daughters and I shortly after we married in 1986. I have been granted custody of my daughter and awarded child support (in arrears now of approximately $250,000), but have not been able to find him to serve divorce papers. Can I get a divorce on my own? How expensive is it?
1 Answer from Attorneys
Re: Missing Spouse Divorce Procedure?
Yes, you can get a divorce on your own, called in the law representing yourself "pro se". Simply go to the clerk's office (civil division) of the circuit court in your area and pickup a packet of materials which includes forms you will need to file and instructions on how to proceed. These instructions will, also, inform you what to do when you can't find your spouse in order to serve
him with legal notice of your suit.
The expenses for this matter should be minimal, involving little more than the filing fee(probably, around $100) and, perhaps, the cost of
publishing notice of your suit in a local newpaper
in the event you are unable to locate your husband.
If the suit is filed in Virginia and your husband is located, the Sheriff will charge you $12 to serve copies of the papers on your husband.