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.
Divorce by Publication - Additional Fee
If you want to proceed by Order of Publication, this fee is in addition to the regular uncontested divorce fee. You will be required to pay this fee, which includes the attorney fee for the affidavit for order of publication and the newspaper's fee to publish the notice in the newspaper for four weeks.