Legal Question in Family Law in Virginia
I am the wife filing for divorce with husband. I have full custody of our 3 year old daughter and I have already set up child support. I paid $100 for a company to fill out all of the information and send it to me in a packet. My husband moved to CA 2 years ago when he walked out on us. He came back for cusotdy court-which he poorly lost. He stayed here for about 3 months and decided to move back to California 2 weeks ago. How do I file for divorce with his old address on the paperwork? How do I have him sign the papers? Espcially if we need to have them notoraized?
1 Answer from Attorneys
You apparently have custody and, hopefully, child support, already decided by the court.
The divorce can be had without his signature on anything, so long as you:
1. Have him served in California with the Virginia divorce papers, which requires knowing his present address and arranging for service on him in California;
or
2. File the divorce and serve him by publishing the suit in a local newspaper; this called service "by order of publication". The difference between having him served in California is that no financial issues can be determined by the court if he is served by order of publication, so the court can only grant the divorce.
This is tricky, and you need to consult an attorney in the area in which the custody was determined in order to get it right.
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