Legal Question in Family Law in Virginia

Wife left country at separation

My wife left me last June to go back to her native Poland. I gave her a generous cash settlement ($12,000) when she left, but we had no written separation agreement. I have heard she has returned to the US and is now living in New York, but I have no address for her. I am ready to file for a no-fault divorce (no children during the 2 yr marriage). Can I file even without her address and no separation agreement?

Thanks for your help.


Asked on 5/12/05, 9:16 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Wife left country at separation

A person must be served with any lawsuit including a divorce. If they cannot be found, the moving party must file an affiudavit that they have used their best efforts to do so and then seek the Court's permission to provide written notice through publication in a newspaper of national circulation (cost $300-500).

A property settlement agreement is never required to divorce. Once notice is provided, everyone has an opportunity to raise whatever issue they like. If they don't do so, that is their choice.

Good luck.

Read more
Answered on 5/12/05, 10:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia