C. CASE NUMBER
Your case will be given a case number as soon as it is filed. This is the number by
which the Court references your case and it must appear on all documents
regarding your divorce. The case number will consist of CL, a 4 digit year
indicator & the number (e.g., CL-2009-0000001).
After you file the Complaint, you must determine how the Defendant will be
served with the Complaint.
III. SERVING THE DEFENDANT (person you are seeking divorce
from) WITH THE COMPLAINT
A. SERVICE OF PROCESS
Process in a divorce case may be served on the Defendant by any of the methods
specified in Va. Code §8.01-296:
• personal service,
• posting on the residence, or
• service on a family member of the household over sixteen years old.
Service may be by a Deputy Sheriff or a person authorized to serve process under
Va. Code §8.01-293. If service is by the Sheriff or a Private Process Server you
must request the Clerk to prepare a Summons to attach to and be served on the
Defendant along with a copy of the Complaint. The Complaint and the Summons
are known as the “process” of the divorce action.
A Defendant may also accept or waive service pursuant to Va. Code §20-99.1:1
by signing a proof of service or an “Acceptance of Service” indicating that the
defendant has received the papers in the suit. A Defendant may also waive service
of process by filing an Answer to the Complaint. (ATTACHMENT 4)
B. TYPES OF SERVICE
1. ACCEPTANCE OR WAIVER OF SERVICE:
• Pursuant to Va. Code §20-99.1:1, a Defendant may accept service by signing
an "Acceptance/Waiver of Service of Process and Waiver of Future
Service of Process and Notice" - Form CC-1406. This must be signed under
oath before a notary public or deputy clerk and it cannot be done prior to the
filing of the suit.
• This form can be accessed through the website of the Virginia Judicial System
at http://www.courts.state.va.us/forms/circuit/cc1406.pdf or
FBA-H-53 Pro Se Divorce Broc hure 5 9/17/2009
(Created by Fairfax Bar Association)