Legal Question in Family Law in Virginia

Unable to locate Spouse

I would like to file for divorce but I have no idea where my spouse is. We have been apart for several years now (5 years). I have gone by where she used to live but could not find out anything. My question is how do I proceed not knowing her location or if she is even in Virginia any longer.


Asked on 9/06/01, 9:56 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Unable to locate Spouse

A Bill of Complaint for Divorce is filed along with an affidavit stating her last known address and that you don't know her present address. Service is made by publishing in a newspaper of general circulation (e.g. Fairfax Journal) for the requisite period of time. Upon no response being received you can proceed to put on testimony that you are entitled to a divorce. This will not affect the property you may have acquired during the marriage. If she ever shows up she might be able to get the Courts to make an equitable division of marital property.

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Answered on 10/25/01, 12:11 pm


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