Norfolk, VA asked in Divorce for Virginia

Q: What is the best and affordable way to execute my divorce?

I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids involved. We haven't talked or incontact since MAR2020 (like 5-6months now) because her FB is deactivated and her whatsapp is gone. Her local phone not reachable. I can't fly to UAE because of COVID and deployment status. I'm not sure if what I have on my papers is still her current home address because I can't reach/find her. I don't know how to process my divorce.

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2 Lawyer Answers
Afsana Chowdhury
Afsana Chowdhury
PREMIUM
Answered
  • Fairfax, VA
  • Licensed in Virginia

A: In situations where a party in unable to locate the other party, it is still possible to obtain a divorce as long as proper service is made. You should contact an attorney to see whether service by publication is an option for you.

1 user found this answer helpful

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: "If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of the Commonwealth during such period of time." Va. Code 20-97. That get's you into court.

You can ask for a divorce only, i.e., no property division, support, etc., based upon a one year separation.

If you cannot otherwise serve your spouse a copy of the complaint, you can serve her by publication. See Va. Code § 8.01-316 to 320.

1 user found this answer helpful

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