What exactly do I need to do to file for a divorce by publication?

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What exactly do I need to do to file for a divorce by publication?

I have went through the process,but the judge kicked my packet back.

Asked on August 6, 2012 under Family Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Without seeing the packet that was sent back by the judge to determine why it was rejected, I can only give you some general information.

Your divorce petition is filed with the court, but if the whereabouts of your ex are unknown, your ex will need to be served by publication.  Service by publication is running a notice of your divorce petition in the legal notices section of a newspaper for a specific period of time.  The required period of time varies from state to state.  Your court clerk can tell you how long the notice has to run in the legal notices section of the newspaper for it to be valid service by publication.  Service by publication is effective even if your ex never sees the notice in the newspaper.


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