2006 Code of Virginia § 20-104 - Order of publication against nonresident defendant

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. No depositions inthe suit shall be commenced until at least ten days shall have elapsed afterthe order of publication has been duly published as required by law.

All annulments or divorces heretofore granted in suits in which the defendantwas proceeded against by an order of publication which required the defendantto appear within ten days after due publication thereof, and in whichdepositions were taken less than fifteen days, but not less than ten days,after such due publication and in suits in which the defendant was proceededagainst by an order of publication issued on an affidavit that diligence hadbeen used by or on behalf of the plaintiff to ascertain in what county orcity such defendant was, without effect, or wherein the order of publicationwas entered by the court, are hereby validated and declared to be bindingupon the parties to such suit, when the other proceedings therein wereregular and the annulment or divorce otherwise valid.

The cost of such publication shall be paid by the petitioner or applicant.

(Code 1919, 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72;1975, c. 644; 1996, c. 352.)