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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70919</law_id><section_number>20-104</section_number><catch_line>Order of publication against nonresident defendant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>20-104.1</reference><reference>20-105</reference><reference>20-105.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="20">Domestic Relations</unit><unit label="chapter" level="2" order_by="1" identifier="6">Divorce, Affirmation and Annulment</unit></structure><text>
						<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 &#xA7;&#xA0;<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>.
		All <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.
		The cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.</p></section></text><history>Code 1919, &#xA7; 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72; 1975, c. 644; 1996, c. 352; 2008, c. 699.</history><metadata></metadata></law>
