How doyou get a divorce if you can’t find your husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption