Is An Uncontested Divorce Possible With A Spouse Who Has Left The Country?

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Is An Uncontested Divorce Possible With A Spouse Who Has Left The Country?

August 14 2019
By Faye Carroll

Yes. Virginia’s divorce law requires that at least one spouse meets the residency requirement of having lived in the Commonwealth for at least six (6) months. As long as you reside in Virginia, you can file for divorce anywhere in the state, even if your spouse lives outside the country.

One of our attorneys will draft and file the Complaint for Divorce for you. Filing for an uncontested divorce is the easiest way to get a divorce when one spouse lives outside the state or country. As long as both you and your spouse agree to all the terms of divorce, filing uncontested is the best way to go.

Have your spouse waive service. All divorces are lawsuits. When you file your lawsuit you have to notify the other party through what is known as service of process. Accomplishing this is best served by your spouse voluntarily waiving service, or if you do not know where your spouse is, or cannot otherwise prove service of process, we can ask the court’s permission for service through publication. Serving divorce papers by publishing them in the local newspaper is allowed, but you must show you can’t serve the divorce papers through any other means.

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