{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-106.html"}],"law_id":79519,"edition_id":1,"section_id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; evidence by affidavit","history":"Code 1919, \u00a7 5109; 1932, p. 388; 2012, c. 72; 2014, cc. 288, 521; 2015, c. 315; 2016, c. 238; 2019, cc. 133, 237; 2020, c. 900; 2021, Sp. Sess. I, c. 194; 2023, c. 114.","full_text":"A\n\nIn any suit for divorce, the trial court may require the whole or any part of the testimony to be given orally in open court, and if either party desires it, such testimony and the rulings of the court on the exceptions thereto, if any, shall be reduced to writing, and the judge shall certify that such evidence was given before him and such rulings made. When so certified the same shall stand on the same footing as a deposition regularly taken in the cause, provided, however, that no such oral evidence shall be given or heard unless and until after such notice to the adverse party as is required by law to be given of the taking of depositions, or when there has been no service of process within the Commonwealth upon, or appearance by the defendant against whom such testimony is sought to be introduced. However, a party may proceed to take evidence in support of a divorce by deposition or affidavit without leave of court only in support of a divorce on the grounds set forth in subdivision A (9) of § 20-91, where (i) the parties have resolved all issues by a written settlement agreement, (ii) there are no issues other than the grounds of the divorce itself to be adjudicated, or (iii) the adverse party has been personally served with the complaint and has failed to file a responsive pleading or to make an appearance as required by law.B\n\nThe affidavit of a party submitted as evidence shall be based on the personal knowledge of the affiant, contain only facts that would be admissible in court, give factual support to the grounds for divorce stated in the complaint or counterclaim, and establish that the affiant is competent to testify to the contents of the affidavit. If either party is incarcerated, neither party shall submit evidence by affidavit without leave of court or the consent in writing of the guardian ad litem for the incarcerated party, or of the incarcerated party if a guardian ad litem is not required pursuant to \u00a7 8.01-9. The affidavit shall:1\n\nGive factual support to the grounds for divorce stated in the complaint or counterclaim, including that the parties are over the age of 18 and not suffering from any condition that renders either party legally incompetent;2\n\nVerify whether either party is incarcerated;3\n\nVerify the military status of the opposing party and advise whether the opposing party has filed an answer or a waiver of his rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.);4\n\nAffirm that at least one party to the suit was at the time of the filing of the suit, and had been for a period in excess of six months immediately preceding the filing of the suit, a bona fide resident and domiciliary of the Commonwealth;5\n\nAffirm that the parties have lived separate and apart, continuously, without interruption and without cohabitation, and with the intent to remain separate and apart permanently, for the statutory period required by subdivision A (9) of § 20-91;6\n\nAffirm the affiant’s desire to be awarded a divorce pursuant to subdivision A (9) of § 20-91; and7\n\nState whether there were minor children either born of the parties, born of either party and adopted by the other, or adopted by both parties, and affirm that neither party is known to be pregnant from the marriage.C\n\nIf a party moves for a divorce pursuant to § 20-121.02, an affidavit may be submitted in support of the grounds for divorce set forth in subdivision A (9) of § 20-91.D\n\nA verified complaint shall not be deemed an affidavit for purposes of this section.E\n\nEither party may submit the deposition or affidavit required by this section in support of the grounds for divorce requested by either party pursuant to the terms of this section.F\n\nIn contemplation of or in a suit for a no-fault divorce under subdivision A (9) of § 20-91, the plaintiff or his attorney may take and file, as applicable, the complaint, the affidavit or deposition, any other associated documents, and the proposed decree contemporaneously, and a divorce may be granted solely on those documents where the defendant has waived service and, where applicable, notice.","order_by":null,"text":{"0":{"id":284924,"text":"In any suit for divorce, the trial court may require the whole or any part of the testimony to be given orally in open court, and if either party desires it, such testimony and the rulings of the court on the exceptions thereto, if any, shall be reduced to writing, and the judge shall certify that such evidence was given before him and such rulings made. When so certified the same shall stand on the same footing as a deposition regularly taken in the cause, provided, however, that no such oral evidence shall be given or heard unless and until after such notice to the adverse party as is required by law to be given of the taking of depositions, or when there has been no service of process within the Commonwealth upon, or appearance by the defendant against whom such testimony is sought to be introduced. However, a party may proceed to take evidence in support of a divorce by deposition or affidavit without leave of court only in support of a divorce on the grounds set forth in subdivision A (9) of § 20-91, where (i) the parties have resolved all issues by a written settlement agreement, (ii) there are no issues other than the grounds of the divorce itself to be adjudicated, or (iii) the adverse party has been personally served with the complaint and has failed to file a responsive pleading or to make an appearance as required by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284925,"text":"The affidavit of a party submitted as evidence shall be based on the personal knowledge of the affiant, contain only facts that would be admissible in court, give factual support to the grounds for divorce stated in the complaint or counterclaim, and establish that the affiant is competent to testify to the contents of the affidavit. If either party is incarcerated, neither party shall submit evidence by affidavit without leave of court or the consent in writing of the guardian ad litem for the incarcerated party, or of the incarcerated party if a guardian ad litem is not required pursuant to \u00a7 8.01-9. The affidavit shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":284926,"text":"Give factual support to the grounds for divorce stated in the complaint or counterclaim, including that the parties are over the age of 18 and not suffering from any condition that renders either party legally incompetent;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":284927,"text":"Verify whether either party is incarcerated;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":284928,"text":"Verify the military status of the opposing party and advise whether the opposing party has filed an answer or a waiver of his rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.);","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":284929,"text":"Affirm that at least one party to the suit was at the time of the filing of the suit, and had been for a period in excess of six months immediately preceding the filing of the suit, a bona fide resident and domiciliary of the Commonwealth;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":284930,"text":"Affirm that the parties have lived separate and apart, continuously, without interruption and without cohabitation, and with the intent to remain separate and apart permanently, for the statutory period required by subdivision A (9) of § 20-91;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":284931,"text":"Affirm the affiant’s desire to be awarded a divorce pursuant to subdivision A (9) of § 20-91; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":284932,"text":"State whether there were minor children either born of the parties, born of either party and adopted by the other, or adopted by both parties, and affirm that neither party is known to be pregnant from the marriage.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":284933,"text":"If a party moves for a divorce pursuant to § 20-121.02, an affidavit may be submitted in support of the grounds for divorce set forth in subdivision A (9) of § 20-91.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"10":{"id":284934,"text":"A verified complaint shall not be deemed an affidavit for purposes of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":284935,"text":"Either party may submit the deposition or affidavit required by this section in support of the grounds for divorce requested by either party pursuant to the terms of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":284936,"text":"In contemplation of or in a suit for a no-fault divorce under subdivision A (9) of § 20-91, the plaintiff or his attorney may take and file, as applicable, the complaint, the affidavit or deposition, any other associated documents, and the proposed decree contemporaneously, and a divorce may be granted solely on those documents where the defendant has waived service and, where applicable, notice.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"id":66535,"structure_id":12712,"section_number":"20-107","catch_line":"Repealed","url":"\/20-107\/","token":"20\/6\/20-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-106\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 2012, chapter 72<\/a>; in 2014, chapters 288<\/a> and 521<\/a>; in 2015, chapter 315<\/a>; in 2016, chapter 238<\/a>; in 2019, chapters 133<\/a> and 237<\/a>; in 2020, chapter 900<\/a>; in 2023, chapter 114<\/a>.<\/p>","references":false,"refers_to":[{"id":86231,"section_number":"20-121.02","catch_line":"Decree of divorce without amended bill or amended cross-bill","order_by":null,"url":"\/20-121.02\/"},{"id":82064,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","order_by":null,"url":"\/20-91\/"},{"id":60741,"section_number":"8.01-9","catch_line":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","order_by":null,"url":"\/8.01-9\/"}],"permalink":{"id":178965,"object_type":"law","relational_id":79519,"identifier":"20-106","token":"20\/6\/20-106","url":"\/20-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-106\/","token":"20\/6\/20-106","dublin_core":{"Title":"Testimony may be required to be given orally; evidence by affidavit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any suit for divorce, the trial<\/span> court<\/span> may require the whole or any part of the testimony<\/span> to be given orally in open court<\/span>, and if either party<\/span> desires it, such testimony<\/span> and the rulings of the court<\/span> on the exceptions thereto, if any, shall be reduced to writing, and the judge<\/span> shall certify that such evidence<\/span> was given before him and such rulings made. When so certified the same shall stand on the same footing as a deposition<\/span> regularly taken in the cause, provided, however, that no such oral evidence<\/span> shall be given or heard unless and until after such notice to the adverse party<\/span> as is required by law<\/span> to be given of the taking of depositions<\/span>, or when there has been no service of process<\/span> within the Commonwealth upon, or appearance<\/span> by the defendant<\/span> against whom such testimony<\/span> is sought to be introduced. However, a party<\/span> may proceed to take evidence<\/span> in support of a divorce by deposition<\/span> or affidavit<\/span> without leave of court<\/span> only in support of a divorce on the grounds set forth in subdivision A (9) of § 20-91<\/a>, where (i) the parties have resolved all issues<\/span> by a written settlement<\/span> agreement, (ii) there are no issues<\/span> other than the grounds of the divorce itself to be adjudicated, or (iii) the adverse party<\/span> has been personally served with the complaint and has failed to file a responsive pleading or to make an appearance<\/span> as required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The affidavit<\/span> of a party<\/span> submitted as evidence<\/span> shall be based on the personal knowledge of the affiant, contain only facts<\/span> that would be admissible<\/span> in court<\/span>, give factual support to the grounds for divorce stated in the complaint or counterclaim<\/span>, and establish that the affiant is competent to testify to the contents of the affidavit<\/span>. If either party<\/span> is incarcerated, neither party<\/span> shall submit evidence<\/span> by affidavit<\/span> without leave of court<\/span> or the consent in writing of the guardian ad litem<\/span> for the incarcerated party<\/span>, or of the incarcerated party<\/span> if a guardian ad litem<\/span> is not required pursuant to \u00a7 8.01-9<\/a>. The affidavit<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Give factual support to the grounds for divorce stated in the complaint or counterclaim<\/span>, including that the parties are over the age of 18 and not suffering from any condition that renders either party<\/span> legally incompetent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Verify whether either party<\/span> is incarcerated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Verify the military status of the opposing party<\/span> and advise whether the opposing party<\/span> has filed an answer or a waiver<\/span> of his rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Affirm<\/span> that at least one party<\/span> to the suit was at the time of the filing of the suit, and had been for a period in excess of six months immediately preceding the filing of the suit, a bona fide resident and domiciliary of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Affirm<\/span> that the parties have lived separate and apart, continuously, without interruption and without cohabitation, and with the intent<\/span> to remain separate and apart permanently, for the statutory period required by subdivision A (9) of § 20-91<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Affirm<\/span> the affiant’s desire to be awarded a divorce pursuant to subdivision A (9) of § 20-91<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> State whether there were minor<\/span> children either born of the parties, born of either party<\/span> and adopted by the other, or adopted by both parties, and affirm<\/span> that neither party<\/span> is known to be pregnant from the marriage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a party<\/span> moves for a divorce pursuant to § 20-121.02<\/a>, an affidavit<\/span> may be submitted in support of the grounds for divorce set forth in subdivision A (9) of § 20-91<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A verified complaint shall not be deemed an affidavit<\/span> for purposes of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Either party<\/span> may submit the deposition<\/span> or affidavit<\/span> required by this section in support of the grounds for divorce requested by either party<\/span> pursuant to the terms of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In contemplation of or in a suit for a no-fault divorce under subdivision A (9) of § 20-91<\/a>, the plaintiff<\/span> or his attorney may take and file, as applicable, the complaint, the affidavit<\/span> or deposition<\/span>, any other associated documents, and the proposed decree<\/span> contemporaneously, and a divorce may be granted solely on those documents where the defendant<\/span> has waived service and, where applicable, notice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTIMONY MAY BE REQUIRED TO BE GIVEN ORALLY; EVIDENCE BY AFFIDAVIT (\u00a7 20-106)\n\nA. In any suit for divorce, the trial court may require the whole or any part of\nthe testimony to be given orally in open court, and if either party desires it,\nsuch testimony and the rulings of the court on the exceptions thereto, if any,\nshall be reduced to writing, and the judge shall certify that such evidence was\ngiven before him and such rulings made. When so certified the same shall stand\non the same footing as a deposition regularly taken in the cause, provided,\nhowever, that no such oral evidence shall be given or heard unless and until\nafter such notice to the adverse party as is required by law to be given of the\ntaking of depositions, or when there has been no service of process within the\nCommonwealth upon, or appearance by the defendant against whom such testimony is\nsought to be introduced. However, a party may proceed to take evidence in\nsupport of a divorce by deposition or affidavit without leave of court only in\nsupport of a divorce on the grounds set forth in subdivision A (9) of §\n20-91, where (i) the parties have resolved all issues by a written settlement\nagreement, (ii) there are no issues other than the grounds of the divorce itself\nto be adjudicated, or (iii) the adverse party has been personally served with\nthe complaint and has failed to file a responsive pleading or to make an\nappearance as required by law.\n\nB. The affidavit of a party submitted as evidence shall be based on the personal\nknowledge of the affiant, contain only facts that would be admissible in court,\ngive factual support to the grounds for divorce stated in the complaint or\ncounterclaim, and establish that the affiant is competent to testify to the\ncontents of the affidavit. If either party is incarcerated, neither party shall\nsubmit evidence by affidavit without leave of court or the consent in writing of\nthe guardian ad litem for the incarcerated party, or of the incarcerated party\nif a guardian ad litem is not required pursuant to \u00a7 8.01-9. The affidavit\nshall:\n\n 1. Give factual support to the grounds for divorce stated in the complaint or\n counterclaim, including that the parties are over the age of 18 and not\n suffering from any condition that renders either party legally incompetent;\n\n 2. Verify whether either party is incarcerated;\n\n 3. Verify the military status of the opposing party and advise whether the\n opposing party has filed an answer or a waiver of his rights under the federal\n Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.);\n\n 4. Affirm that at least one party to the suit was at the time of the filing of\n the suit, and had been for a period in excess of six months immediately\n preceding the filing of the suit, a bona fide resident and domiciliary of the\n Commonwealth;\n\n 5. Affirm that the parties have lived separate and apart, continuously,\n without interruption and without cohabitation, and with the intent to remain\n separate and apart permanently, for the statutory period required by\n subdivision A (9) of § 20-91;\n\n 6. Affirm the affiant’s desire to be awarded a divorce pursuant to\n subdivision A (9) of § 20-91; and\n\n 7. State whether there were minor children either born of the parties, born of\n either party and adopted by the other, or adopted by both parties, and affirm\n that neither party is known to be pregnant from the marriage.\n\nC. If a party moves for a divorce pursuant to § 20-121.02, an affidavit may\nbe submitted in support of the grounds for divorce set forth in subdivision A\n(9) of § 20-91.\n\nD. A verified complaint shall not be deemed an affidavit for purposes of this\nsection.\n\nE. Either party may submit the deposition or affidavit required by this section\nin support of the grounds for divorce requested by either party pursuant to the\nterms of this section.\n\nF. In contemplation of or in a suit for a no-fault divorce under subdivision A\n(9) of § 20-91, the plaintiff or his attorney may take and file, as\napplicable, the complaint, the affidavit or deposition, any other associated\ndocuments, and the proposed decree contemporaneously, and a divorce may be\ngranted solely on those documents where the defendant has waived service and,\nwhere applicable, notice.\n\nHISTORY: Code 1919, \u00a7 5109; 1932, p. 388; 2012, c. 72; 2014, cc. 288, 521;\n2015, c. 315; 2016, c. 238; 2019, cc. 133, 237; 2020, c. 900; 2021, Sp. Sess. I,\nc. 194; 2023, c. 114.","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}}