Legal Question in Family Law in Virginia
Statute of Limitations
I have lived separate from my spouse for nine years. There has been no contact since 05/31/95. I have lost track of where he might even be living(last known address, Anguilla, BWI in 1995, he is Anguillan). Is there a statute of limitations whereby I only need file with the court, or will I still need to try and locate him?
2 Answers from Attorneys
Re: Statute of Limitations
You can proceed with your divorce by way of Order of Publication and you only need his last known address.
Re: Statute of Limitations
The marriage can be ended by filing a Bill of Complaint for Divorce and making service on him by a process known as service by order of publication. The court in which the case is filed puts a written notice in a local newspaper (local to the court, not to his last known address), the notice running once a week for four consecutive weeks. It tells of the existence of the suit and advises him to contact the court by a certain date. Of course, he never sees the notice, and never contacts the court, and the divorce can be finalized by your testimony and that of a corroberating witness. None of the financial matters that are usual in a divorce can be dealt with, but after nine years, you probably don't have any financial issues.