The benefit of a divorce by publication is that a spouse’s signature is not required. In a divorce by publication, a legal notice is published in a Virginia newspaper for four weeks. The court also mails a copy of the order of publication to the 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 as fast as 2.5 months.
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 already have a written and signed agreement).
- Your spouse lives outside of the state of Virginia – in any other state or country; or you are unable to locate your spouse after making diligent efforts.
An uncontested Virginia divorce by publication can be accomplished either with a simple court appearance (in 2.5 months) or by affidavit (in 3.5 months).
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