How to serve process for Virginia divorce?

[virginiadivorce]

What is the name of your state? VA

I'm going to file for divorce from my husband in the next day or two. My concern is how to serve him. He lives in Florida and we have no communication. I do have his address, however. The Virginia code says:

§ 20-104. Order of publication against nonresident defendant.

In any suit for annulment, for divorce, either a vinculo matrimonii or a mensa et thoro, or for affirmance of a marriage, an affidavit shall be filed that the defendant is not a resident of the Commonwealth of Virginia, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county or city such defendant is, without effect, an order of publication shall be entered against such defendant by the court, or by the clerk of the court wherein such suit is pending, either in term time or vacation, which order shall state the object of the suit and the grounds thereof, and the order of publication shall be published as required by law.

It looks like if the defendant is not a resident of Virginia, then I can serve him by publication without having to attempt to serve him personally first. It looks like diligence to have him personally served is only required if he is a Virginia resident. Am I reading that correctly? I'd prefer to serve him via publication so I don't have to deal with him if possible.

Thanks.

[virginiadivorce]

Anybody?

Thanks!

[Ohiogal]

No you need to attempt to serve him. You can only use publication if you cannot locate him after being diligent.

[virginiadivorce]

Originally Posted by Ohiogal

No you need to attempt to serve him. You can only use publication if you cannot locate him after being diligent.

Thank you for responding Ohiogal. That's what I assumed before I read the statute, but after I read the statute it doesn't seem to be worded that way. Maybe I'm not reading it correctly, but are you sure? The word "or" that I highlighted implies (to me) that publication may be used in two separate instances. The first being if the defendant is a nonresident, and the second being if he can't be found after due diligence.

I just want to make sure that it's absolutely necessary for me to attempt to have my husband personally served.

Thanks again.