                                 CODE OF VIRGINIA

PERSONAL SERVICE OUTSIDE OF VIRGINIA (§ 8.01-320)

A. Subject to &#xA7; 8.01-286.1, service of a process on a nonresident person
outside the Commonwealth may be made by: (i) any person authorized to serve
process in the jurisdiction where the party to be served is located; or (ii) any
person 18 years of age or older who is not a party or otherwise interested in
the subject matter of the controversy and notwithstanding any other provision of
law to the contrary, such person need not be authorized by the circuit court to
serve process which commences divorce or annulment actions. When the court can
exercise jurisdiction over the nonresident pursuant to &#xA7; 8.01-328.1, such
service shall have the same effect as personal service on the nonresident within
Virginia. Such service when no jurisdiction can be exercised pursuant to &#xA7;
8.01-328.1, or service in accordance with the provisions of subdivision 2 a of
&#xA7; 8.01-296 shall have the same effect, and no other, as an order of
publication duly executed, or the publication of a copy of process under this
chapter, as the case may be; however, depositions may be taken at any time after
21 days&#8217; notice of the taking of the depositions has been personally
served. The person so served shall be in default upon his failure to file a
pleading in response to original process within 21 days after such service. If
no responsive pleading is filed within the time allowed by law, the case may
proceed without service of any additional pleadings, including the notice of the
taking of depositions.

B. Any personal service of process outside of this Commonwealth executed in such
manner as is provided for in this section prior or subsequent to October 1,
1977, in a divorce or annulment action is hereby validated. Personal service of
process outside this Commonwealth in a divorce or annulment action may be
executed as provided in this section.

HISTORY: Code 1950, § 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c.
90; 1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c.
594; 1997, c. 754; 2005, c. 866.