I Cannot Locate My Spouse for a Divorce

There are occasions when an individual cannot locate their spouse in order to file a divorce in Virginia. Do not worry! This does not mean that one cannot still initiate a proceeding, but there are a few additional requirements and steps to keep in mind. Virginia requires service to the third party by publication. The publication allowed and length of time requirements can depend upon the county of residence. It is suggested to consult with your attorney or speak to the local clerk to find out which publications are allowed.

However before even starting an uncontested Virginia divorce by publication, it is important to keep in mind a few general requirements. 1.) The individual filing must reside in Virginia now and for the past 6 months. 2) You are unable to locate your spouse after making diligent efforts to do such. If these two criteria are met then usually one can proceed with a divorce via publication.

Another item to keep in mind is that the plaintiff must also ensure a court reporter is present at the divorce hearing. The plaintiff is responsible for all associated costs and arrangements. This is one reason why it is often smart to hire a Virginia lawyer to help coordinate these efforts rather than initiating a pro se proceeding. If continuing on your own a quick search for court reporters are likely to provide a list of firms that provide such services. Aside from those rules one can go to court without their spouse present. Keep in mind that individual cases might vary and laws do change. Thus it is still smart to consult with an attorney beforehand.

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