When one party in a divorce action cannot be located through diligent efforts, Virginia law provides a mechanism to proceed with the divorce. This method involves notifying the missing spouse through public notice, typically in a newspaper of general circulation within the jurisdiction where the divorce is filed. This process is employed when traditional methods of service, such as personal service or service through a designated agent, have proven unsuccessful.
The ability to finalize a divorce even when one spouse is absent offers significant benefits. It allows individuals to legally end a marriage and move forward with their lives, resolving issues related to property division, spousal support, and child custody (if applicable). Historically, this option has been crucial in cases where spouses have abandoned their families or intentionally avoided contact, preventing legal gridlock and ensuring fairness for the petitioning party.