Legal Question in Family Law in Virginia

My husband and I have been separated for 6 months in June. I want to proceed with the divorce, however my problem is I do not know where he is. I don't even know if he is still in the country.(he is from egypt) I have no contact number for him or anything. What are my options and how am I able to proceed with my divorce?


Asked on 5/12/12, 12:55 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In the situation described you must first be able to demonstrate that you've made diligent efforts to locate your husband (and without success).

Then, as part of your divorce filing, you can request that the court allow you to publish notice of your divorce filing for successive weeks

in one of your local newspapers which will satisfy the requirement in law that your husband receive and is served with proper notice of your lawsuit. (In this situation the notice is characterized as "constructive notice" on the defendant.)

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Answered on 5/12/12, 1:11 pm
Paul B. Ward Law Offices of Paul B. Ward

Bear in mind that you must have been separated for 12 months prior to filing for divorce, unless you and he signed a separation agreement.

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Answered on 5/14/12, 8:52 am


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