A. Subject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the jurisdiction where the party to be served is located; or (ii) any person 18 years of age or older who is not a party or otherwise interested in the subject matter of the controversy and notwithstanding any other provision of law to the contrary, such person need not be authorized by the circuit court to serve process which commences divorce or annulment actions. When the court can exercise jurisdiction over the nonresident pursuant to § 8.01-328.1, such service shall have the same effect as personal service on the nonresident within Virginia. Such service when no jurisdiction can be exercised pursuant to § 8.01-328.1, or service in accordance with the provisions of subdivision 2 a of § 8.01-296 shall have the same effect, and no other, as an order of publication duly executed, or the publication of a copy of process under this chapter, as the case may be; however, depositions may be taken at any time after 21 days' notice of the taking of the depositions has been personally served. The person so served shall be in default upon his failure to file a pleading in response to original process within 21 days after such service. If no responsive pleading is filed within the time allowed by law, the case may proceed without service of any additional pleadings, including the notice of the taking of depositions.
B. Any personal service of process outside of this Commonwealth executed in such manner as is provided for in this section prior or subsequent to October 1, 1977, in a divorce or annulment action is hereby validated. Personal service of process outside this Commonwealth in a divorce or annulment action may be executed as provided in this section.
Code 1950, § 8-74; 1954, c. 333; 1970, c. 552; 1977, c. 617; 1978, c. 90; 1981, c. 6; 1983, c. 402; 1984, c. 18; 1985, c. 177; 1986, c. 263; 1987, c. 594; 1997, c. 754; 2005, c. 866.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-286.1. Service of process; waiver, duty to save costs, request to waive, how served
§ 8.01-287. How process to be served
§ 8.01-288. Process received in time good though neither served nor accepted
§ 8.01-289. No service of process on Sunday; exceptions
§ 8.01-290. Plaintiffs required to furnish full name and last known address of defendants, etc.
§ 8.01-292. To whom process directed and where executed
§ 8.01-296. Manner of serving process upon natural persons
§ 8.01-297. Process on convict defendant
§ 8.01-298. How summons for witness or juror served
§ 8.01-299. How process served on domestic corporations and limited liability companies generally
§ 8.01-301. How process served on foreign corporations generally
§ 8.01-303. On whom process served when corporation operated by trustee or receiver
§ 8.01-304. How process served on copartner or partnership
§ 8.01-305. Process against unincorporated associations or orders, or unincorporated common carriers
§ 8.01-310. How service made on Commissioner and Secretary; appointment binding
§ 8.01-311. Continuance of action where service made on Commissioner or Secretary
§ 8.01-312. Effect of service on statutory agent; duties of such agent
§ 8.01-313. Specific addresses for mailing by statutory agent
§ 8.01-314. Service on attorney after entry of general appearance by such attorney
§ 8.01-315. Notice to be mailed defendant when service accepted by another
§ 8.01-316. Service by publication; when available
§ 8.01-319. Publication of interim notice
§ 8.01-320. Personal service outside of Virginia
§ 8.01-323. In what counties city newspapers deemed published for purpose of legal advertisements
§ 8.01-324. Newspapers that may be used for legal notices and publications
§ 8.01-325. Return by person serving process
§ 8.01-326. Return as proof of service
§ 8.01-327. Acceptance of service of process
§ 8.01-327.1. Definition of "arrest under civil process."
§ 8.01-327.2. Who are privileged from arrest under civil process