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2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 20-104 of the Code of Virginia is amended and reenacted as follows:
§ 20-104. Order of publication against nonresident defendant.
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 ten 10
days shall have elapsed after the order of publication 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 ten
10 days after due publication or mailing and posting thereof, and
in which depositions were taken less than fifteen 15 days, but
not less than ten 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.