How doyou get a divorce if you can’t find your husband?
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How doyou get a divorce if you can’t find your husband?
I was married 8 years ago. He left not 4 weeks later saying he wasn’t ready for an instant family; I had a 5 year old. Now, 8 years later I have 2 more kids with this great guy and we want to get married. However I have no idea how to find my ex so that I can get a divorce.
Asked on February 18, 2011 under Family Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In such a situation, you can obtain what is called a "divorce by default". As the "petionewr-spouse, you will file the appropriate parers with the court. Your husband will need to be served. Since yo can't locate your husband (and you must have triedin good faith to have done so), notice of the divorce complaint can be served via "notice by publication". This is a method of service used when a "respondent-spouse" (your husband) cannot be located by the "petitioner-spouse" in a divorce proceeding.
It works this way: The respondent is notified of the divorce proceedings by publishing notice in a local paper in the area of their last known address. Then, after a specified period of time (usually 30 days or so), if your spouse does not answer that constitutes a "default". Accordingly you will then file your final paperwork and appear before the judge (typically in 60 days). As a general rule, a divorce is then granted on the terms that you request.
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