She was deported 3 + years ago, I have sole and physical custody of my children. They lived with me since 2009, but i got custody last year. At the time I made attempts to find her but couldn't. We have been separated since 2004 and had filed for divorce but then she got deported and the divorce was never finalized. So the court closed the case because could not locate either one of us.
In cases where you cannot locate your spouse, you can provide legal notice by publication in the newspaper. This will allow you to get divorced, but it will not allow you to obtain child support or division of any marital property.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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