Legal Question in Family Law in Virginia

Re: separation agreement

If you do not know your spouse's whereabouts, as part of the divorce you file a petition to have the Judge allow Notice by Publication. That is instead of serving them with the Divorce Complaint, as the law requires, you must swear an affidavit that you used your best efforts to find the spouse then you publish a legal notice in a newspaper of national circulation for four weeks. Then you can get divorced. The Judge cannot rule on property division but he can grant a divorce.

Good luck.

Re: separation agreement

You can still get a divorce if the spouse's whereabouts are unknown by filing for an order of publication and having the order published in a newspaper. I wrote about this very topic here: http://tinyurl.com/y9vrmm