§ 20-104. Order of publication against nonresident defendant.
In any suit for annulment, for divorce, either a vinculo matrimonii or amensa et thoro, or for affirmance of a marriage, an affidavit shall be filedthat the defendant is not a resident of the Commonwealth of Virginia, or thatdiligence has been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant is, without effect, an order of publicationshall be entered against such defendant by the court, or by the clerk of thecourt wherein such suit is pending, either in term time or vacation, whichorder shall state the object of the suit and the grounds thereof, and theorder of publication shall be published as required by law. If the plaintiffin 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 thereofshall be mailed to the defendant at his last known address and posted on themain entrance to the circuit courthouse of the city or county wherein thesuit is filed, and no order of publication shall be required. No depositionsin the suit shall be commenced until at least 10 days shall have elapsedafter the order has been duly published or mailed and posted as required bylaw.
All annulments or divorces heretofore granted in suits in which the defendantwas proceeded against by an order of publication or of mailing and postingwhich required the defendant to appear within 10 days after due publicationor mailing and posting thereof, and in which depositions were taken less than15 days, but not less than 10 days, after such due publication or mailing andposting and in suits in which the defendant was proceeded against by an orderof publication or of mailing and posting issued on an affidavit thatdiligence had been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant was, without effect, or wherein the order ofpublication or of mailing and posting was entered by the court, are herebyvalidated and declared to be binding upon the parties to such suit, when theother proceedings therein were regular and the annulment or divorce otherwisevalid.
The cost of such publication or of such mailing and posting shall be paid bythe petitioner or applicant.
(Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72;1975, c. 644; 1996, c. 352; 2008, c. 699.)
§ 20-104. Order of publication against nonresident defendant.
In any suit for annulment, for divorce, either a vinculo matrimonii or amensa et thoro, or for affirmance of a marriage, an affidavit shall be filedthat the defendant is not a resident of the Commonwealth of Virginia, or thatdiligence has been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant is, without effect, an order of publicationshall be entered against such defendant by the court, or by the clerk of thecourt wherein such suit is pending, either in term time or vacation, whichorder shall state the object of the suit and the grounds thereof, and theorder of publication shall be published as required by law. If the plaintiffin 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 thereofshall be mailed to the defendant at his last known address and posted on themain entrance to the circuit courthouse of the city or county wherein thesuit is filed, and no order of publication shall be required. No depositionsin the suit shall be commenced until at least 10 days shall have elapsedafter the order has been duly published or mailed and posted as required bylaw.
All annulments or divorces heretofore granted in suits in which the defendantwas proceeded against by an order of publication or of mailing and postingwhich required the defendant to appear within 10 days after due publicationor mailing and posting thereof, and in which depositions were taken less than15 days, but not less than 10 days, after such due publication or mailing andposting and in suits in which the defendant was proceeded against by an orderof publication or of mailing and posting issued on an affidavit thatdiligence had been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant was, without effect, or wherein the order ofpublication or of mailing and posting was entered by the court, are herebyvalidated and declared to be binding upon the parties to such suit, when theother proceedings therein were regular and the annulment or divorce otherwisevalid.
The cost of such publication or of such mailing and posting shall be paid bythe petitioner or applicant.
(Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72;1975, c. 644; 1996, c. 352; 2008, c. 699.)
§ 20-104. Order of publication against nonresident defendant.
In any suit for annulment, for divorce, either a vinculo matrimonii or amensa et thoro, or for affirmance of a marriage, an affidavit shall be filedthat the defendant is not a resident of the Commonwealth of Virginia, or thatdiligence has been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant is, without effect, an order of publicationshall be entered against such defendant by the court, or by the clerk of thecourt wherein such suit is pending, either in term time or vacation, whichorder shall state the object of the suit and the grounds thereof, and theorder of publication shall be published as required by law. If the plaintiffin 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 thereofshall be mailed to the defendant at his last known address and posted on themain entrance to the circuit courthouse of the city or county wherein thesuit is filed, and no order of publication shall be required. No depositionsin the suit shall be commenced until at least 10 days shall have elapsedafter the order has been duly published or mailed and posted as required bylaw.
All annulments or divorces heretofore granted in suits in which the defendantwas proceeded against by an order of publication or of mailing and postingwhich required the defendant to appear within 10 days after due publicationor mailing and posting thereof, and in which depositions were taken less than15 days, but not less than 10 days, after such due publication or mailing andposting and in suits in which the defendant was proceeded against by an orderof publication or of mailing and posting issued on an affidavit thatdiligence had been used by or on behalf of the plaintiff to ascertain in whatcounty or city such defendant was, without effect, or wherein the order ofpublication or of mailing and posting was entered by the court, are herebyvalidated and declared to be binding upon the parties to such suit, when theother proceedings therein were regular and the annulment or divorce otherwisevalid.
The cost of such publication or of such mailing and posting shall be paid bythe petitioner or applicant.
(Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72;1975, c. 644; 1996, c. 352; 2008, c. 699.)
