When filing your paperwork with Virginia Online Divorce the Defendant has a right to
know that the divorce action has been filed, and to examine each claim
made. Service is the method by which the
Defendant is officially notified of the filing of certain documents. If Service is not conducted properly, your
action will be denied or dismissed by the court. Several methods of Service are described
below. During your initial filing
(described below), notify the court of the method of Service which will be
used.
Direct Service (handing
documents directly to your spouse) is usually provided by the local
Sheriff. A Private Process Server can
also be hired instead, who will follow the same procedures and provide similar
signed proof to the court. You cannot
personally hand divorce documents to your spouse. This does not meet the requirements for
proper service, as required by law.
Note: For uncontested divorce actions where the parties are
representing themselves (pro se, without the assistance of an attorney), the
current physical address of the Defendant must be known.
If the Defendant lives in
Virginia
A Summons will be provided
by the court to the local Sheriff, who will attempt to serve the Summons and a
copy of the other divorce documents on the Defendant. If no party can be located, the Sheriff is
able to provide service by publicly posting a copy of the necessary service
documents upon the main entrance of the Defendant's residence. The Acceptance document (signed by either the
Defendant, a family member at least 16 years old, or the Sheriff) will show
proof of Service to the court.
Contact your local Court
Clerk to ensure that you bring the proper documents to the court for your
initial filing. They will likely
include:
-- Cover Letter Directing Service
-- Summons (issued by court)
-- Waiver of Service, Answer, and Notice (not yet
signed by Defendant)
If the Defendant does not
live in Virginia
The documents listed above
will likely still be used, in a similar procedure. You must however contact the Court Clerk of
the county where the Defendant lives.
Ask the Clerk how you can have the local Sheriff personally serve the
Defendant (or a Private Process Server can be used), and how proof can be
obtained. An Affidavit for Service
document may be required (included below if this type of service was
requested). Work with the Clerk to complete these service procedures.
Contact your local Court
Clerk to ensure that you bring the proper documents to the court for your
initial filing. They will likely
include:
-- Cover Letter Directing Service
-- Affidavit for Service of Process
-- Summons (issued by court)
-- Wavier of Service, Answer, and Notice (not yet
signed by Defendant)
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