Final Decree of Divorce - Virginia

2. SERVICE BY SHERIFF:
If the Defendant lives in the Commonwealth of Virginia, a Virginia Sheriff
can serve process on the Defendant if the Sheriff's fee is included with the
initial filing.
Fee for Sheriff Service: $12.00 for each service
Payment is made by certified check or money order payable to:
Clerk of the Circuit Court
The Sheriff will give the person that is being served a copy of the Complaint
and the Summons. The Sheriff will execute the proof of Service of the process
and shall file the Proof of Service with the Clerk of the Court within seventy-
two (72) hours of service.
If the Defendant is a non-resident of Virginia, you will need to contact the
authorities in the state and locality in which the Defendant resides in order to
learn of the local regulations for service. You may wish to have the Defendant
accept out-of-state service. This can be done using the “Acceptance/Waiver of
Service of Process and Waiver of Future Service of Process and Notice”
(Form CC-1406) mentioned above. This must be signed under oath before a
notary public and it cannot be done prior to the filing of the suit.
3. PRIVATE PROCESS SERVICE:
The Private Process Server will give the Defendant a copy of the Complaint
and the Summons. The Process Server will execute an Affidavit of Service
and must file the Affidavit with the Clerk of the Court where the matter is
pending within seventy-two (72) hours of service.
Return by person serving process pursuant to Va. Code §8.01-325 – “If
service by any other person qualified under Va. Code §8.01-293, whether
service made in or out of the Commonwealth, his affidavit of such
qualifications; the date and manner of service and the name of the party
served; and stamped, typed or printed on the return of process, an annotation
(statement) that the service was by a private server, and the name, address and
telephone number of the server."
The Affidavit by Private Process Server must include the following:
o A statement that the serving person is duly authorized to make service
in accordance with §8.01-293 of the Virginia Code;
o State that the process server or the person serving the process is over
eighteen years of age;
o State that the person serving the process is not a party or otherwise
interested in the subject matter or controversy (Va. Code §8.01-293);
o The date and manner in which service was made;
o The name of the party served;
o An annotation that service was by private process server; and,
FBA-H-53 Pro Se Divorce Broc hure 6 9/17/2009
(Created by Fairfax Bar Association)
Page 6/70
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Final Decree of Divorce - Virginia PDF

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