August 4, 2012
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I Don’t Know Where My Spouse Is – How Do I File For Divorce In Virginia?
Contemplating a divorce can be a stressful situation under the most normal of situations. Trying to file for a divorce when your spouse has abandoned the relationship and you don’t know where they are certainly adds to that anxiety.
While most divorces are anything but civil, a divorce case is referred to as a “civil” matter and is governed by the Virginia Rules of Civil Procedure. Unlike a criminal case where the defendant is required to be personally notified of legal action against them, a civil case can be initiated and based on other less reliable notice to the other party. After filing for divorce, you may notify your spouse by leaving official notice with some other resident of their home, posting the notice on the front door of their residence, publishing notice in the newspaper, and in some cases, by certified mail.
When you do not know the whereabouts of your spouse, the most common procedure is to publish a notice in a local paper of common circulation. Contrary to what you might think, this is not necessarily the daily local newspaper. The various local courts have established publications they accept for notification by publication. You will need to contact the clerk’s office or a divorce attorney for more information on your jurisdiction.
Before a court will accept service by publication in your divorce case, you will have to prove that you have exercises due diligence in locating your spouse. Simply stating that you have not heard from them in some time is not sufficient. You may establish the foundation by contacting your spouse’s family, employer or friends. In addition, you may want to check any social media websites such as Facebook or Twitter. Also, you may try sending them a letter to their last known address where the letter may be forwarded to them or returned to you with notice of a new address or simply “not found”.
If you are looking to file for divorce in Virginia Beach, please feel free to contact our divorce lawyers for more information. Our Virginia Beach family law attorneys will be happy to discuss various methods of service to begin your divorce procedure. (757) 422-0195. Our phones are answered 24/7/365.