II live in Virginia he lives in Ohio. We have been separated and living apart for six years. He ran with our child five years and tracking him down is impossible. Last i heard he was in Ohio but that could have changed. Im looking for the quickest and cheapest method to divorce. He has a two year old child by his ex and i am pregnant by my fiance. We really want to get married and have waited two years already. Can i get a publication divorce? Also i was told in Virginia you can divorce first and go for custody later. Is this possible as well?
Answer
Yes, legal notice of your divorce to the defendant via publication may
be possible but first you must be able to convince the court that
you've made sufficiently due diligent efforts to locate him before an order authorizing such publication will be granted.
And, yes, merely getting a divorce in the Commonwealth doesn't mean
that you forfeit your right to pursue issues of custody, child support, or visitation with respect to the minor children born of a dissolved marriage.
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