Such suit shall be instituted and conducted as other suits in equity, except as otherwise provided in this section:
1. Except for a divorce granted on the grounds set forth in subdivision A (9) of § 20-91, no divorce, annulment, or affirmation of a marriage shall be granted on the uncorroborated testimony of the parties or either of them.
2. Whether the defendant answers or not, the cause shall be heard independently of the admissions of either party in the pleadings or otherwise.
3. Process or notice in such proceedings shall be served in the Commonwealth by any of the methods prescribed in § 8.01-296 by any person authorized to serve process under § 8.01-293. Service may be made on a nonresident by any of the methods prescribed in § 8.01-296 by any person authorized to serve process under § 8.01-320.
4. In cases where such suits have been commenced and an appearance has been made on behalf of the defendant by counsel, then notices to take depositions and of hearings, motions, and other proceedings except contempt proceedings, may be served by delivering or mailing a copy to counsel for opposing party, the foot of such notices bearing either acceptance of service or a certificate of counsel in compliance with the Rules of Supreme Court of Virginia. "Counsel for opposing party" shall include a pro se party who (i) has entered a general appearance in person or by filing a pleading or endorsing an order of withdrawal of that party's counsel or (ii) has signed a pleading in the case or who has notified the other parties and the clerk that he appears in the case.
5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296, and the defendant has failed to file an answer to the suit or otherwise appear within the time allowed by law, no further notice to take depositions or conduct an ore tenus hearing is required to be served on the defendant and the court may enter any order or final decree without further notice to the defendant.
6. Costs may be awarded to either party as equity and justice may require.
Code 1919, § 5106; 1920, p. 503; 1928, p. 535; 1938, p. 202; 1968, c. 484; 1975, c. 644; 1977, c. 60; 1984, cc. 609, 616; 1987, c. 594; 1991, c. 244; 1992, c. 563; 2012, cc. 78, 84; 2013, cc. 81, 100; 2021, Sp. Sess. I, c. 194.
Structure Code of Virginia
Chapter 6 - Divorce, Affirmation and Annulment
§ 20-89.1. Suit to annul marriage
§ 20-90. Suit to affirm marriage
§ 20-91. Grounds for divorce from bond of matrimony; contents of decree
§ 20-93. Insanity of guilty party after commencement of desertion no defense
§ 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years
§ 20-95. Grounds for divorces from bed and board
§ 20-96. Jurisdiction of suits for annulment, affirmance or divorce
§ 20-97. Domicile and residential requirements for suits for annulment, affirmance, or divorce
§ 20-99. How such suits instituted and conducted; costs
§ 20-99.1:1. How defendant may accept service; waive service
§ 20-99.2. Service in divorce and annulment cases
§ 20-102. When not necessary to allege or prove offer of reconciliation
§ 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.
§ 20-104. Order of publication against nonresident defendant
§ 20-104.1. Orders of publication may be combined
§ 20-105. Permissible form for orders of publication
§ 20-105.1. Alternative procedures
§ 20-106. Testimony may be required to be given orally; evidence by affidavit
§ 20-107.1. Court may decree as to maintenance and support of spouses
§ 20-107.1:1. Court may decree as to maintenance of life insurance policy
§ 20-107.2. Court may decree as to custody and support of children
§ 20-107.3. Court may decree as to property and debts of the parties
§ 20-108. Revision and alteration of such decrees
§ 20-108.1. Determination of child or spousal support
§ 20-110. Maintenance and support for a spouse to cease on remarriage
§ 20-111. Decree of divorce from bond of matrimony extinguishes contingent property rights
§ 20-111.1. Revocation of death benefits by divorce or annulment
§ 20-112. Notice when proceedings reopened
§ 20-114. Recognizance for compliance with order or decree
§ 20-115. Commitment and sentence for failure to comply with order or decree
§ 20-116. Effect of divorce from bed and board and what court may decree
§ 20-117. Divorce from bond of matrimony after divorce from bed and board
§ 20-118. Prohibition of remarriage pending appeal from divorce decree; certain marriages validated
§ 20-120. Revocation of decree from bed and board
§ 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board
§ 20-121.02. Decree of divorce without amended bill or amended cross-bill
§ 20-121.03. Identifying information confidential; separate addendum
§ 20-121.1. Reinstatement of suit
§ 20-121.2. Validation of absolute divorce granted where no decree from bed and board
§ 20-121.3. Validation of certain divorces granted prior to April 23, 1962
§ 20-121.4. Restoration of former name