Legal Question in Family Law in Virginia
I am wanting to file for divorce in Virginia. My husband lives in MN and has been gone for 6 months - there are no children. There are no shared assests, etc. I want to file the paperwork on my own to save money. I was advised that I have to have him "served" is this true? If it is how do I have him served several states away? I was going to mail the forms and have him notarize them as he signs, send them back to me, I have them notarized as I sign and them I submit them.
1 Answer from Attorneys
I would suggest that you call the clerk's office(civil division) of the
Virginia circuit court where you intend to file your divorce to determine whether
you could merely mail the necessary forms to your spouse in Minnesota and have him sign them before a notary and return then to you, or will you need to have a Minnesota deputy sheriff or other disinterested person in that jurisidiction personally serve your husband with the papers.
(I mailed some annulment papers a couple of years ago
out to a city in Brazil for a party to sign before the Brazilian equivalent of of our notary public which she did, and then returned them to me, and the Alexandria Circuit Court had no problem with accepting them as "properly served".)
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