                                 CODE OF VIRGINIA

ORDER OF PUBLICATION AGAINST NONRESIDENT DEFENDANT (§ 20-104)

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 § 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.
		All 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.
		The cost of such publication or of such mailing and posting shall be paid by
the petitioner or applicant.

HISTORY: Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p.
72; 1975, c. 644; 1996, c. 352; 2008, c. 699.