Signed Legal Separation Agreement, now he won't return the Acceptance of Waiver

[thepr1ncess]

What is the name of your state (only U.S. law)? Virginia

My ex and I went into a legal separation agreement this past July. My lawyer emailed him the Complaint and Waiver of Service, which he has NOT returned yet. I spoke to him briefly and he said he would return it because he was traveling but he has not done so. I have emailed him numerous times and he has not responded to me, so now I'm wondering if I can still file for an uncontested divorce. The legal assistant said that there is no time limit for him to send back the waiver. If we entered into a legal separation agreement, will I still be able to file for uncontested divorce by publication if I find no other way to contact him?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Virginia

My ex and I went into a legal separation agreement this past July. My lawyer emailed him the Complaint and Waiver of Service, which he has NOT returned yet. I spoke to him briefly and he said he would return it because he was traveling but he has not done so. I have emailed him numerous times and he has not responded to me, so now I'm wondering if I can still file for an uncontested divorce. The legal assistant said that there is no time limit for him to send back the waiver. If we entered into a legal separation agreement, will I still be able to file for uncontested divorce by publication if I find no other way to contact him?

It's only uncontested if he agrees that it's uncontested and signs the paperwork. If he won't sign, you're looking at a contested divorce.