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?


Asked on 7/06/04, 11:19 am

2 Answers from Attorneys

Tommy Smith Law Offices of Tom C. Smith

Re: Statute of Limitations

You can proceed with your divorce by way of Order of Publication and you only need his last known address.

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Answered on 7/06/04, 11:21 am
Paul B. Ward Law Offices of Paul B. Ward

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.

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Answered on 7/06/04, 3:56 pm


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