{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-104.html"}],"law_id":70919,"edition_id":1,"section_id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","history":"Code 1919, \u00a7 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72; 1975, c. 644; 1996, c. 352; 2008, c. 699.","full_text":"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. If the plaintiff in the suit has been determined to be indigent by the court pursuant to \u00a7 19.2-159, the order stating the object of the suit and the grounds thereof shall be mailed to the defendant at his last known address and posted on the main entrance to the circuit courthouse of the city or county wherein the suit is filed, and no order of publication shall be required. No depositions in the suit shall be commenced until at least 10 days shall have elapsed after the order has been duly published or mailed and posted as required by law.\n\t\tAll annulments or divorces heretofore granted in suits in which the defendant was proceeded against by an order of publication or of mailing and posting which required the defendant to appear within 10 days after due publication or mailing and posting thereof, and in which depositions were taken less than 15 days, but not less than 10 days, after such due publication or mailing and posting and in suits in which the defendant was proceeded against by an order of publication or of mailing and posting issued on an affidavit that diligence had been used by or on behalf of the plaintiff to ascertain in what county or city such defendant was, without effect, or wherein the order of publication or of mailing and posting was entered by the court, are hereby validated and declared to be binding upon the parties to such suit, when the other proceedings therein were regular and the annulment or divorce otherwise valid.\n\t\tThe cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.","order_by":null,"text":{"0":{"id":255742,"text":"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. If the plaintiff in the suit has been determined to be indigent by the court pursuant to \u00a7 19.2-159, the order stating the object of the suit and the grounds thereof shall be mailed to the defendant at his last known address and posted on the main entrance to the circuit courthouse of the city or county wherein the suit is filed, and no order of publication shall be required. No depositions in the suit shall be commenced until at least 10 days shall have elapsed after the order has been duly published or mailed and posted as required by law.\n\t\tAll annulments or divorces heretofore granted in suits in which the defendant was proceeded against by an order of publication or of mailing and posting which required the defendant to appear within 10 days after due publication or mailing and posting thereof, and in which depositions were taken less than 15 days, but not less than 10 days, after such due publication or mailing and posting and in suits in which the defendant was proceeded against by an order of publication or of mailing and posting issued on an affidavit that diligence had been used by or on behalf of the plaintiff to ascertain in what county or city such defendant was, without effect, or wherein the order of publication or of mailing and posting was entered by the court, are hereby validated and declared to be binding upon the parties to such suit, when the other proceedings therein were regular and the annulment or divorce otherwise valid.\n\t\tThe cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12712,"edition_id":1,"name":"Divorce, Affirmation and Annulment","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178931,"object_type":"structure","relational_id":12712,"identifier":"6","token":"20\/6","url":"\/20\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69694,"structure_id":12712,"section_number":"20-100","catch_line":"Repealed","url":"\/20-100\/","token":"20\/6\/20-100","metadata":false},{"id":85663,"structure_id":12712,"section_number":"20-101","catch_line":"Repealed","url":"\/20-101\/","token":"20\/6\/20-101","metadata":false},{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},{"id":86285,"structure_id":12712,"section_number":"20-105","catch_line":"Permissible form for orders of publication","url":"\/20-105\/","token":"20\/6\/20-105","metadata":false},{"id":72909,"structure_id":12712,"section_number":"20-105.1","catch_line":"Alternative procedures","url":"\/20-105.1\/","token":"20\/6\/20-105.1","metadata":false},{"id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; evidence by affidavit","url":"\/20-106\/","token":"20\/6\/20-106","metadata":false},{"id":66535,"structure_id":12712,"section_number":"20-107","catch_line":"Repealed","url":"\/20-107\/","token":"20\/6\/20-107","metadata":false},{"id":72435,"structure_id":12712,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","url":"\/20-107.1\/","token":"20\/6\/20-107.1","metadata":false},{"id":60714,"structure_id":12712,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","url":"\/20-107.1_1\/","token":"20\/6\/20-107.1_1","metadata":false},{"id":59975,"structure_id":12712,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","url":"\/20-107.2\/","token":"20\/6\/20-107.2","metadata":false},{"id":69531,"structure_id":12712,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","url":"\/20-107.3\/","token":"20\/6\/20-107.3","metadata":false},{"id":75906,"structure_id":12712,"section_number":"20-108","catch_line":"Revision and alteration of such decrees","url":"\/20-108\/","token":"20\/6\/20-108","metadata":false},{"id":86162,"structure_id":12712,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","url":"\/20-108.1\/","token":"20\/6\/20-108.1","metadata":false},{"id":78437,"structure_id":12712,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","url":"\/20-108.2\/","token":"20\/6\/20-108.2","metadata":false},{"id":53938,"structure_id":12712,"section_number":"20-109","catch_line":"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement","url":"\/20-109\/","token":"20\/6\/20-109","metadata":false},{"id":73881,"structure_id":12712,"section_number":"20-109.1","catch_line":"Affirmation, ratification and incorporation by reference in decree of agreement between parties","url":"\/20-109.1\/","token":"20\/6\/20-109.1","metadata":false},{"id":78343,"structure_id":12712,"section_number":"20-110","catch_line":"Maintenance and support for a spouse to cease on remarriage","url":"\/20-110\/","token":"20\/6\/20-110","metadata":false},{"id":56256,"structure_id":12712,"section_number":"20-111","catch_line":"Decree of divorce from bond of matrimony extinguishes contingent property rights","url":"\/20-111\/","token":"20\/6\/20-111","metadata":false},{"id":79932,"structure_id":12712,"section_number":"20-111.1","catch_line":"Revocation of death benefits by divorce or annulment","url":"\/20-111.1\/","token":"20\/6\/20-111.1","metadata":false},{"id":80489,"structure_id":12712,"section_number":"20-112","catch_line":"Notice when proceedings reopened","url":"\/20-112\/","token":"20\/6\/20-112","metadata":false},{"id":66604,"structure_id":12712,"section_number":"20-113","catch_line":"Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance","url":"\/20-113\/","token":"20\/6\/20-113","metadata":false},{"id":73222,"structure_id":12712,"section_number":"20-114","catch_line":"Recognizance for compliance with order or decree","url":"\/20-114\/","token":"20\/6\/20-114","metadata":false},{"id":66046,"structure_id":12712,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","url":"\/20-115\/","token":"20\/6\/20-115","metadata":false},{"id":54704,"structure_id":12712,"section_number":"20-116","catch_line":"Effect of divorce from bed and board and what court may decree","url":"\/20-116\/","token":"20\/6\/20-116","metadata":false},{"id":82954,"structure_id":12712,"section_number":"20-117","catch_line":"Divorce from bond of matrimony after divorce from bed and board","url":"\/20-117\/","token":"20\/6\/20-117","metadata":false},{"id":79255,"structure_id":12712,"section_number":"20-118","catch_line":"Prohibition of remarriage pending appeal from divorce decree; certain marriages validated","url":"\/20-118\/","token":"20\/6\/20-118","metadata":false},{"id":84439,"structure_id":12712,"section_number":"20-119","catch_line":"Repealed","url":"\/20-119\/","token":"20\/6\/20-119","metadata":false},{"id":83952,"structure_id":12712,"section_number":"20-120","catch_line":"Revocation of decree from bed and board","url":"\/20-120\/","token":"20\/6\/20-120","metadata":false},{"id":82889,"structure_id":12712,"section_number":"20-121","catch_line":"Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony","url":"\/20-121\/","token":"20\/6\/20-121","metadata":false},{"id":71713,"structure_id":12712,"section_number":"20-121.01","catch_line":"Decree of divorce from bonds of matrimony without decree from bed and board","url":"\/20-121.01\/","token":"20\/6\/20-121.01","metadata":false},{"id":86231,"structure_id":12712,"section_number":"20-121.02","catch_line":"Decree of divorce without amended bill or amended cross-bill","url":"\/20-121.02\/","token":"20\/6\/20-121.02","metadata":false},{"id":59482,"structure_id":12712,"section_number":"20-121.03","catch_line":"Identifying information confidential; separate addendum","url":"\/20-121.03\/","token":"20\/6\/20-121.03","metadata":false},{"id":72590,"structure_id":12712,"section_number":"20-121.1","catch_line":"Reinstatement of suit","url":"\/20-121.1\/","token":"20\/6\/20-121.1","metadata":false},{"id":80991,"structure_id":12712,"section_number":"20-121.2","catch_line":"Validation of absolute divorce granted where no decree from bed and board","url":"\/20-121.2\/","token":"20\/6\/20-121.2","metadata":false},{"id":82422,"structure_id":12712,"section_number":"20-121.3","catch_line":"Validation of certain divorces granted prior to April 23, 1962","url":"\/20-121.3\/","token":"20\/6\/20-121.3","metadata":false},{"id":62175,"structure_id":12712,"section_number":"20-121.4","catch_line":"Restoration of former name","url":"\/20-121.4\/","token":"20\/6\/20-121.4","metadata":false},{"id":68639,"structure_id":12712,"section_number":"20-122","catch_line":"Advertising offer to obtain divorces","url":"\/20-122\/","token":"20\/6\/20-122","metadata":false},{"id":65664,"structure_id":12712,"section_number":"20-123","catch_line":"Repealed","url":"\/20-123\/","token":"20\/6\/20-123","metadata":false},{"id":82012,"structure_id":12712,"section_number":"20-124","catch_line":"Sequestration of record","url":"\/20-124\/","token":"20\/6\/20-124","metadata":false},{"id":72384,"structure_id":12712,"section_number":"20-89","catch_line":"Repealed","url":"\/20-89\/","token":"20\/6\/20-89","metadata":false},{"id":78456,"structure_id":12712,"section_number":"20-89.1","catch_line":"Suit to annul marriage","url":"\/20-89.1\/","token":"20\/6\/20-89.1","metadata":false},{"id":77176,"structure_id":12712,"section_number":"20-90","catch_line":"Suit to affirm marriage","url":"\/20-90\/","token":"20\/6\/20-90","metadata":false},{"id":82064,"structure_id":12712,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","url":"\/20-91\/","token":"20\/6\/20-91","metadata":false},{"id":72418,"structure_id":12712,"section_number":"20-92","catch_line":"Repealed","url":"\/20-92\/","token":"20\/6\/20-92","metadata":false},{"id":70318,"structure_id":12712,"section_number":"20-93","catch_line":"Insanity of guilty party after commencement of desertion no defense","url":"\/20-93\/","token":"20\/6\/20-93","metadata":false},{"id":54956,"structure_id":12712,"section_number":"20-94","catch_line":"Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years","url":"\/20-94\/","token":"20\/6\/20-94","metadata":false},{"id":84107,"structure_id":12712,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","url":"\/20-95\/","token":"20\/6\/20-95","metadata":false},{"id":78621,"structure_id":12712,"section_number":"20-96","catch_line":"Jurisdiction of suits for annulment, affirmance or divorce","url":"\/20-96\/","token":"20\/6\/20-96","metadata":false},{"id":71732,"structure_id":12712,"section_number":"20-96.1","catch_line":"Repealed","url":"\/20-96.1\/","token":"20\/6\/20-96.1","metadata":false},{"id":84801,"structure_id":12712,"section_number":"20-97","catch_line":"Domicile and residential requirements for suits for annulment, affirmance, or divorce","url":"\/20-97\/","token":"20\/6\/20-97","metadata":false},{"id":87223,"structure_id":12712,"section_number":"20-98","catch_line":"Repealed","url":"\/20-98\/","token":"20\/6\/20-98","metadata":false},{"id":58423,"structure_id":12712,"section_number":"20-99","catch_line":"How such suits instituted and conducted; costs","url":"\/20-99\/","token":"20\/6\/20-99","metadata":false},{"id":73767,"structure_id":12712,"section_number":"20-99.1","catch_line":"Repealed","url":"\/20-99.1\/","token":"20\/6\/20-99.1","metadata":false},{"id":84506,"structure_id":12712,"section_number":"20-99.1:1","catch_line":"How defendant may accept service; waive service","url":"\/20-99.1_1\/","token":"20\/6\/20-99.1_1","metadata":false},{"id":64766,"structure_id":12712,"section_number":"20-99.2","catch_line":"Service in divorce and annulment cases","url":"\/20-99.2\/","token":"20\/6\/20-99.2","metadata":false}],"previous_section":{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},"next_section":{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-104\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 644; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0352\">352<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0699\">699<\/a>.<\/p>","references":[{"id":59840,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","order_by":null,"url":"\/20-104.1\/"},{"id":86285,"section_number":"20-105","catch_line":"Permissible form for orders of publication","order_by":null,"url":"\/20-105\/"},{"id":72909,"section_number":"20-105.1","catch_line":"Alternative procedures","order_by":null,"url":"\/20-105.1\/"}],"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"}],"permalink":{"id":178949,"object_type":"law","relational_id":70919,"identifier":"20-104","token":"20\/6\/20-104","url":"\/20-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-104\/","token":"20\/6\/20-104","dublin_core":{"Title":"Order of publication against nonresident defendant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any suit for <span class=\"dictionary\">annulment<\/span>, for divorce, either a vinculo matrimonii or a mensa et thoro, or for affirmance of a marriage, an <span class=\"dictionary\">affidavit<\/span> shall be filed that the <span class=\"dictionary\">defendant<\/span> is not a resident of the Commonwealth of Virginia, or that diligence has been used by or on behalf of the <span class=\"dictionary\">plaintiff<\/span> to ascertain in what county or city such <span class=\"dictionary\">defendant<\/span> is, without effect, an <span class=\"dictionary\">order<\/span> of publication shall be entered against such <span class=\"dictionary\">defendant<\/span> by the <span class=\"dictionary\">court<\/span>, or by the clerk of the <span class=\"dictionary\">court<\/span> wherein such suit is pending, either in term time or vacation, which <span class=\"dictionary\">order<\/span> shall state the <span class=\"dictionary\">object<\/span> of the suit and the grounds thereof, and the <span class=\"dictionary\">order<\/span> of publication shall be published as required by <span class=\"dictionary\">law<\/span>. If the <span class=\"dictionary\">plaintiff<\/span> in the suit has been determined to be <span class=\"dictionary\">indigent<\/span> by the <span class=\"dictionary\">court<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Determination of indigency; guidelines; statement of indigence; appointment of counsel\" href=\"\/19.2-159\/\">19.2-159<\/a>, the <span class=\"dictionary\">order<\/span> stating the <span class=\"dictionary\">object<\/span> of the suit and the grounds thereof shall be mailed to the <span class=\"dictionary\">defendant<\/span> at his last known address and posted on the main entrance to the <span class=\"dictionary\">circuit<\/span> courthouse of the city or county wherein the suit is filed, and no <span class=\"dictionary\">order<\/span> of publication shall be required. No <span class=\"dictionary\">depositions<\/span> in the suit shall be commenced until at least 10 days shall have elapsed after the <span class=\"dictionary\">order<\/span> has been duly published or mailed and posted as required by <span class=\"dictionary\">law<\/span>.\n\t\tAll <span class=\"dictionary\">annulments<\/span> or divorces heretofore granted in suits in which the <span class=\"dictionary\">defendant<\/span> was proceeded against by an <span class=\"dictionary\">order<\/span> of publication or of mailing and posting which required the <span class=\"dictionary\">defendant<\/span> to appear within 10 days after due publication or mailing and posting thereof, and in which <span class=\"dictionary\">depositions<\/span> were taken less than 15 days, but not less than 10 days, after such due publication or mailing and posting and in suits in which the <span class=\"dictionary\">defendant<\/span> was proceeded against by an <span class=\"dictionary\">order<\/span> of publication or of mailing and posting issued on an <span class=\"dictionary\">affidavit<\/span> that diligence had been used by or on behalf of the <span class=\"dictionary\">plaintiff<\/span> to ascertain in what county or city such <span class=\"dictionary\">defendant<\/span> was, without effect, or wherein the <span class=\"dictionary\">order<\/span> of publication or of mailing and posting was entered by the <span class=\"dictionary\">court<\/span>, are hereby validated and declared to be binding upon the parties to such suit, when the other proceedings therein were regular and the <span class=\"dictionary\">annulment<\/span> or divorce otherwise valid.\n\t\tThe cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nORDER OF PUBLICATION AGAINST NONRESIDENT DEFENDANT (\u00a7 20-104)\n\nIn any suit for annulment, for divorce, either a vinculo matrimonii or a mensa\net thoro, or for affirmance of a marriage, an affidavit shall be filed that the\ndefendant is not a resident of the Commonwealth of Virginia, or that diligence\nhas been used by or on behalf of the plaintiff to ascertain in what county or\ncity such defendant is, without effect, an order of publication shall be entered\nagainst such defendant by the court, or by the clerk of the court wherein such\nsuit is pending, either in term time or vacation, which order shall state the\nobject of the suit and the grounds thereof, and the order of publication shall\nbe published as required by law. If the plaintiff in the suit has been\ndetermined to be indigent by the court pursuant to \u00a7 19.2-159, the order\nstating the object of the suit and the grounds thereof shall be mailed to the\ndefendant at his last known address and posted on the main entrance to the\ncircuit courthouse of the city or county wherein the suit is filed, and no order\nof publication shall be required. No depositions in the suit shall be commenced\nuntil at least 10 days shall have elapsed after the order has been duly\npublished or mailed and posted as required by law.\n\t\tAll annulments or divorces heretofore granted in suits in which the defendant\nwas proceeded against by an order of publication or of mailing and posting which\nrequired the defendant to appear within 10 days after due publication or mailing\nand posting thereof, and in which depositions were taken less than 15 days, but\nnot less than 10 days, after such due publication or mailing and posting and in\nsuits in which the defendant was proceeded against by an order of publication or\nof mailing and posting issued on an affidavit that diligence had been used by or\non behalf of the plaintiff to ascertain in what county or city such defendant\nwas, without effect, or wherein the order of publication or of mailing and\nposting was entered by the court, are hereby validated and declared to be\nbinding upon the parties to such suit, when the other proceedings therein were\nregular and the annulment or divorce otherwise valid.\n\t\tThe cost of such publication or of such mailing and posting shall be paid by\nthe petitioner or applicant.\n\nHISTORY: Code 1919, \u00a7 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p.\n72; 1975, c. 644; 1996, c. 352; 2008, c. 699.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}