What do I have to do ifIhave been separated from my ex for 7 years now and I have no way of locating her soI can get a divorce?

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What do I have to do ifIhave been separated from my ex for 7 years now and I have no way of locating her soI can get a divorce?

Asked on January 24, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

When you file your petition for dissolution of marriage with the court, you will need to serve it on your ex.  Since you don't know her whereabouts, you could have the petition served by publication.  Service by publication is running the notice in the legal notices section of a newspaper for a specific period of time.  The required period of time for service by publication varies from state to state.  The court clerk can tell you the required period of time in your state for valid service by publication.  Even if your ex doesn't see the notice in the legal notices section of the newspaper, this is still valid service by publication.

Another alternative to consider is having a process server do a skip trace to try to locate your ex-wife so that she can be personally served instead of served by publication.  You can find process servers listed under attorney services in the Yellow Pages or online.


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