If your spouse lives in a state outside of Virginia or your spouse's whereabouts are unknown, you may have your spouse served by order of publication. An order of publication requires that a legal notice be published in a Virginia newspaper for four weeks. The court also mails a copy of the order of publication to your spouse’s last known address. If the spouse does not respond by a certain date, the court will grant the divorce. A divorce by publication can be completed in less than three months. Your spouse’s signature is not required.
The requirements for a publication divorce are as follows:
- You have lived in Virginia for the last six months.
- You and your spouse have been separated at least one year
(or six months if you have no minor children with your spouse an you have a written and signed agreement).
- Your spouse lives outside of the state of Virginia and will not sign a waiver or accept service – in any other state or country; or you are unable to locate your spouse after making diligent efforts.
- Please also select court filing fee option and add it to your cart to pay the court filing fee.