Va. Code Ann. § 20-88.47 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.47
Duties of initiating tribunal
Status: in_force

A. Upon the filing of a petition authorized by this chapter, an initiating tribunal of the Commonwealth shall forward the petition and its accompanying documents (i) to the responding tribunal or appropriate support enforcement agency in the responding state or, (ii) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

B. If requested by the responding tribunal, a tribunal of the Commonwealth shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of the Commonwealth shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

1994, c. 673 ; 1997, cc. 797 , 897 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-88.62 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.62
Receipt and disbursement of payments
Status: in_force

A. A support enforcement agency or tribunal of the Commonwealth shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The support enforcement agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

B. If neither the obligor, nor the obligee who is an individual, nor the child resides in the Commonwealth, upon request from the support enforcement agency of the Commonwealth or another state, the support enforcement agency of the Commonwealth or a tribunal of the Commonwealth shall:

1. Order that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

2. Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

C. The support enforcement agency of the Commonwealth receiving redirected payments from another state pursuant to a law similar to subsection B shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

1994, c. 673 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-85 — Virginia Code / Title 20 / Chapter 5 / Section 20-85
Repealed
Status: repealed

Repealed by Acts 1988, c. 495.
Va. Code Ann. § 20-26 — Virginia Code / Title 20 / Chapter 2 / Section 20-26
Marriage between members of religious society having no minister
Status: in_force

Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages; such person chosen by the society for this purpose shall be required to execute a bond in the penalty of $500, with surety. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.

Code 1919, § 5081; 1968, c. 318; 1981, c. 295; 2016, c. 611 .
Va. Code Ann. § 20-149 — Virginia Code / Title 20 / Chapter 8 / Section 20-149
Formalities of premarital agreement
Status: in_force

A premarital agreement shall be in writing and signed by both parties. Such agreement shall be enforceable without consideration and shall become effective upon marriage.

1985, c. 434; 1986, c. 201.
Va. Code Ann. § 20-83 — Virginia Code / Title 20 / Chapter 5 / Section 20-83
Venue of offense
Status: in_force

Any offense under this chapter shall be held to have been committed in any county or city in which such spouse, child or children may be at the time of desertion, or in which such child or children may be or remain, with the knowledge and acquiescence of the accused, in destitute or necessitous condition, or where the accused shall be found in this Commonwealth.

Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1975, c. 644.
Va. Code Ann. § 20-165 — Virginia Code / Title 20 / Chapter 9 / Section 20-165
Surrogate brokers prohibited; penalty; liability of surrogate brokers
Status: in_force

A. It is unlawful for any person, firm, corporation, partnership, or other entity to accept compensation for recruiting or procuring surrogates or to accept compensation for otherwise arranging or inducing an intended parent and surrogates to enter into surrogacy contracts in this Commonwealth. A violation of this section shall be punishable as a Class 1 misdemeanor.

B. Any person who acts as a surrogate broker in violation of this section shall, in addition, be liable to all the parties to the purported surrogacy contract in a total amount equal to three times the amount of compensation to have been paid to the broker pursuant to the contract. One-half of the damages under this subsection shall be due the surrogate and her spouse, if any, and if such spouse is a party to the contract, and one-half shall be due the intended parent.

An action under this section shall be brought within five years of the date of the contract.

C. The provisions of this section shall not apply to the services of an attorney in giving legal advice or in preparing a surrogacy contract.

1991, c. 600; 2010, c. 712 ; 2019, c. 375 ; 2020, c. 900 .
Va. Code Ann. § 20-124.3 — Virginia Code / Title 20 / Chapter 6.1 / Section 20-124.3
Best interests of the child; visitation
Status: in_force

In determining best interests of a child for purposes of determining custody or visitation arrangements, including any pendente lite orders pursuant to § 20-103 , the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child;

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;

6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;

7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;

9. Any history of (i) family abuse as that term is defined in § 16.1-228 ; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years prior to the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivision 6; and

10. Such other factors as the court deems necessary and proper to the determination.

The judge shall communicate to the parties the basis of the decision either orally or in writing. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge's findings regarding the relevant factors set forth in this section. At the request of either party, the court may order that the exchange of a child shall take place at an appropriate meeting place.

1994, c. 769 ; 1999, c. 634 ; 2000, c. 466 ; 2004, c. 221 ; 2009, c. 684 ; 2012, c. 358 ; 2019, c. 378 ; 2020, cc. 1074 , 1075 .
Va. Code Ann. § 20-88.02:1 — Virginia Code / Title 20 / Chapter 5 / Section 20-88.02:1
Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions
Status: in_force

A. Whenever any court shall determine that any petition for a spousal support order will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the community spouse is asking for additional resources which will bring his total resources to an amount in excess of the federally established maximum spousal resource allowance:

1. The court shall not enter the requested spousal support order unless the court first orders the institutionalized spouse to make available the maximum income contribution to the community spouse.

2. The court must ascertain, when determining additional income in excess of the federally established community spouse minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the community spouse.

3. When determining the amount of any additional resources to be allowed to raise the community spouse's income up to either the federally established community spouse minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the court's deliberations, to purchase a single premium annuity that would generate monthly income to the community spouse in an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be.

B. For the purpose of making the determinations required by this section:

"Community spouse" means the spouse of an individual residing in a medical institution or nursing facility.

"Federally established maximum spousal resource allowance" means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g).

"Institutionalized spouse" means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility.

"Significant financial duress" means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative.

1994, cc. 836 , 952 .
Va. Code Ann. § 20-76 — Virginia Code / Title 20 / Chapter 5 / Section 20-76
Repealed
Status: repealed

Repealed by Acts 1974, c. 464.
Va. Code Ann. § 20-49.6 — Virginia Code / Title 20 / Chapter 3.1 / Section 20-49.6
Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen
Status: in_force

In any proceeding to establish or enforce an obligation for support and maintenance of a child of unwed parents, a male between the ages of fourteen and eighteen who is represented by a guardian ad litem pursuant to § 8.01-9 and who has not otherwise been emancipated shall not be deemed to be under a disability as provided in § 8.01-2 . The court may enter an order establishing the paternity of the child based upon an admission of paternity by such male made under oath before the court or upon such other evidence as may be sufficient in law to support a finding of paternity. The order may provide for support and maintenance of the child by the father and shall be enforceable as if the father were an adult.

1988, cc. 866, 878.
Va. Code Ann. § 20-88.95 — Virginia Code / Title 20 / Chapter 5.3 / Article 13 / Section 20-88.95
Record in original language; English translation
Status: in_force

A record filed with a tribunal of the Commonwealth under this article must be in the original language and, if not in English, must be accompanied by an English translation.

2015, c. 727 .
Va. Code Ann. § 20-13.2 — Virginia Code / Title 20 / Chapter 2 / Section 20-13.2
Marriage lawful regardless of sex, gender, or race of parties
Status: in_force

No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.

Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.

2024, cc. 21 , 760 .
Va. Code Ann. § 20-88.37 — Virginia Code / Title 20 / Chapter 5.3 / Article 3 / Section 20-88.37
Initiating and responding tribunal of the Commonwealth
Status: in_force

Under this chapter, a tribunal of the Commonwealth may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

1994, c. 673 ; 2015, c. 727 .
Va. Code Ann. § 20-73 — Virginia Code / Title 20 / Chapter 5 / Section 20-73
Condition of the recognizance
Status: in_force

The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court upon such date as may be specified by the court, or whenever, in the meantime, he or she may be ordered so to do, and shall further comply with the terms of such order, or any subsequent modification or amendment thereof, then such recognizance shall be void, otherwise in full force and effect.

Code 1919, § 1939; 1932, p. 466; 1940, p. 477.
Va. Code Ann. § 20-172 — Virginia Code / Title 20 / Chapter 11 / Section 20-172
Proceedings pending before tribunal; status report
Status: in_force

A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection D and §§ 20-173 and 20-174 , the filing operates as an application for a stay of the proceeding.

B. In the event that a stay is not granted by the tribunal, the proceeding shall be nonsuited by the parties before the collaborative law process may continue.

C. In the event that a stay of the proceeding is granted by the tribunal, the parties shall promptly file with the tribunal a notice in a record when their collaborative law process concludes. A stay of the proceeding under subsection A is lifted when the notice is filed. The notice shall not specify any reason for termination of the process.

D. A tribunal in which a proceeding is stayed under subsection A may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

E. A tribunal shall not consider a communication made in violation of subsection D.

F. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.

2021, Sp. Sess. I, c. 346 .
Va. Code Ann. § 20-124.4 — Virginia Code / Title 20 / Chapter 6.1 / Section 20-124.4
Mediation
Status: in_force

A. In any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution orientation session to be conducted by a mediator certified pursuant to guidelines promulgated by the Judicial Council at no cost and in accordance with the procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title 8.01. In assessing the appropriateness of a referral, the court shall ascertain upon motion of a party whether there is a history of family abuse. If an agreement is not reached on any issue through further mediation as agreed to by the parties, prior to the return date set by the court pursuant to § 8.01-576.5 , the court shall proceed with a hearing on any unresolved issue, unless a continuance has been granted by the court.

B. The fee of the mediator shall be $100 per appointment mediated and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267 . Any referral that includes both (i) custody or visitation and (ii) child or spousal support shall be considered two separate appointments.

1994, c. 769 ; 2000, c. 768 ; 2016, c. 507 .
Va. Code Ann. § 20-49.5 — Virginia Code / Title 20 / Chapter 3.1 / Section 20-49.5
Support of children of unwed parents by the father; testimony under oath
Status: in_force

Whenever in any legal proceedings a man voluntarily testifies under oath or affirmation that he is the father of a child whose parents are not married, or are not married to each other, the court may require that he complete an acknowledgment of paternity on a form provided by the Department of Social Services. This acknowledgment shall be sent by the clerk of the court within thirty days of completion to the Department of Social Services.

In any proceeding under this chapter, the petitioner may request a true copy of this form from the Department of Social Services and the Department shall remit such form to the court where the petition has been filed. Such true copy of an acknowledgment of paternity shall then be admissible in any proceeding under this chapter.

1988, cc. 866, 878.
Va. Code Ann. § 20-88.34 — Virginia Code / Title 20 / Chapter 5.3 / Article 1 / Section 20-88.34
Remedies cumulative
Status: in_force

A. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

B. This chapter does not provide the exclusive method of establishing or enforcing a support order under the law of the Commonwealth or grant a tribunal of the Commonwealth jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

1994, c. 673 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-41 — Virginia Code / Title 20 / Chapter 3 / Section 20-41
Repealed
Status: repealed

Repealed by Acts 1975, c. 589.
Va. Code Ann. § 20-120 — Virginia Code / Title 20 / Chapter 6 / Section 20-120
Revocation of decree from bed and board
Status: in_force

A decree of divorce from bed and board entered in a suit pursuant to § 20-95 shall at any time thereafter, upon submission of an order endorsed by both parties or counsel, be revoked by the same court which entered such decree of divorce.

Code 1919, § 5115; 1926, p. 859; 1934, p. 21; 1942, p. 158; 1946, p. 264; 1948, p. 539; 1975, c. 644; 1984, c. 537.
Va. Code Ann. § 20-124.6 — Virginia Code / Title 20 / Chapter 6.1 / Section 20-124.6
Access to minor's records
Status: in_force

A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records or records of a child day center or home-based child care of that parent's minor child, including any such records that are stored or accessible from a secure website, unless otherwise ordered by the court for good cause shown or pursuant to subsection B.

B. In the case of health records, access may also be denied if the minor's treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has made a part of the minor's record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person. If a health care entity denies a parental request for access to, or copies of, a minor's health record, the health care entity denying the request shall comply with the provisions of subsection F of § 32.1-127.1:03 . The minor or his parent, either or both, shall have the right to have the denial reviewed as specified in subsection F of § 32.1-127.1:03 to determine whether to make the minor's health record available to the requesting parent.

C. For the purposes of this section, the terms "health record" or the plural thereof and "health care entity" mean the same as those terms are defined in subsection B of § 32.1-127.1:03 and the terms "child day center" and "home-based child care" mean the same as those terms are defined in § 22.1-289.02 .

1994, c. 769 ; 2000, c. 485 ; 2005, cc. 181 , 227 ; 2020, cc. 178 , 945 ; 2022, c. 509 ; 2025, cc. 119 , 131 ; 2026, c. 917 .
Va. Code Ann. § 20-37.2 — Virginia Code / Title 20 / Chapter 2 / Section 20-37.2
Repealed
Status: repealed

Repealed by Acts 1977, c. 624.
Va. Code Ann. § 20-102 — Virginia Code / Title 20 / Chapter 6 / Section 20-102
When not necessary to allege or prove offer of reconciliation
Status: in_force

It shall not be necessary, in any suit for divorce from the bond of matrimony or from bed and board upon the ground of willful desertion or abandonment, to allege or prove an offer of reconciliation.

1938, p. 382; Michie Code 1942, § 5106a; 1975, c. 644.
Va. Code Ann. § 20-88.88 — Virginia Code / Title 20 / Chapter 5.3 / Article 13 / Section 20-88.88
Registration of Convention support order
Status: in_force

A. Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in the Commonwealth as provided in Article 9 (§ 20-88.74 et seq.).

B. Notwithstanding § 20-88.54 and subsection A of § 20-88.67 , a request for registration of a Convention support order must be accompanied by:

1. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

2. A record stating that the support order is enforceable in the issuing country;

3. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

4. A record showing the amount of arrears, if any, and the date the amount was calculated;

5. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

6. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

C. A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

D. A tribunal of the Commonwealth may vacate the registration of a Convention support order without the filing of a contest under § 20-88.89 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

2015, c. 727 .
Va. Code Ann. § 20-88.38 — Virginia Code / Title 20 / Chapter 5.3 / Article 3 / Section 20-88.38
Simultaneous proceedings in another state
Status: in_force

A. A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:

1. The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

3. If relevant, the Commonwealth is the home state of the child.

B. A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:

1. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;

2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and

3. If relevant, the other state or foreign country is the home state of the child.

1994, c. 673 ; 2015, c. 727 .
Va. Code Ann. § 20-115 — Virginia Code / Title 20 / Chapter 6 / Section 20-115
Commitment and sentence for failure to comply with order or decree
Status: in_force

Upon failure or refusal to give the recognizance provided for in § 20-114 , or upon conviction of any party for contempt of court in (i) failing or refusing to comply with any order or decree for support and maintenance for a spouse or for a child or children or (ii) willfully failing or refusing to comply with any order entered pursuant to § 20-103 or § 20-107.3 , the court (i) may commit and sentence such party to a local correctional facility as provided for in § 20-61 and (ii) may assign the party to a work release program pursuant to § 53.1-131 or to perform public service work; in either event the assignment shall be for a fixed or indeterminate period or until the further order of the court. However, in no event shall commitment or work assignment be for more than twelve months. The sum or sums as provided for in § 20-63 , shall be paid as therein set forth, to be used for the support and maintenance of the spouse or the child or children for whose benefit such order or decree provided.

1942, p. 639; Michie Code 1942, § 5111a; 1975, c. 644; 1991, c. 698; 1995, c. 428 .
Va. Code Ann. § 20-29 — Virginia Code / Title 20 / Chapter 2 / Section 20-29
Repealed
Status: repealed

Repealed by Acts 1975, c. 644.
Va. Code Ann. § 20-104.1 — Virginia Code / Title 20 / Chapter 6 / Section 20-104.1
Orders of publication may be combined
Status: in_force

Orders of publication as provided for in § 20-104 in any two or more suits for annulment or divorce may be combined into a single order to be published as required by law; provided that, at such time as the clerk may direct the plaintiff in each case shall pay to the clerk a pro rata share of the expense of such publication. Payments made by any plaintiff shall be subject to the provisions of § 20-99 as to costs.

1974, c. 581.
Va. Code Ann. § 20-99.1:1 — Virginia Code / Title 20 / Chapter 6 / Section 20-99.1:1
How defendant may accept service; waive service
Status: in_force

A. A defendant in such suits may accept service of process by signing the proof of service before any officer authorized to administer oaths. This proof of service shall, when filed with the papers in the suit, have the same effect as if it had been served upon the defendant by a person authorized to serve process. In addition, service of process may be accepted or waived by any party, upon voluntary execution of a notarized writing specifying an intent to accept or waive any particular process, or by a defendant by filing an answer in the suit. Such notarized writing may be provided in the clerk's office of any circuit court and may be signed by such party to the proceedings before any clerk or deputy clerk of any circuit court, under oath, or may be drafted and filed by counsel or a pro se party in the proceeding, and shall, when filed with the papers in the suit, have the same effect as if the process specified had been personally served upon the defendant by a person authorized to serve process. For a suit for a no-fault divorce under subdivision A (9) of § 20-91 , any such waiver may occur within a reasonable time prior to or after the suit is filed, provided that a copy of the complaint is attached to such waiver, or is otherwise provided to the defendant, and the final decree of divorce as proposed by the complainant is signed by the defendant. The court may enter any order or decree without further notice unless a defendant has filed an answer in the suit.

B. When service is accepted pursuant to this section by a nonresident person out of the Commonwealth, such service shall have the same effect as an order of publication duly executed.

C. Any process served outside the Commonwealth executed in such manner as provided for in this section is validated.

1988, c. 583; 1989, c. 562; 1992, c. 563; 2019, cc. 133 , 237 .
Va. Code Ann. § 20-34 — Virginia Code / Title 20 / Chapter 2 / Section 20-34
Repealed
Status: repealed

Repealed by Acts 1968, c. 318.
Va. Code Ann. § 20-84 — Virginia Code / Title 20 / Chapter 5 / Section 20-84
Extradition
Status: in_force

Whenever the judge of, or magistrate serving, the jurisdiction wherein such offense is alleged to have been committed shall, after an investigation of the facts and circumstances thereof, certify that in his opinion the charge is well founded and the case a proper one for extradition, or in any case if the cost of extradition is borne by the parties interested in the case, the person charged with having left the Commonwealth with the intention of evading the terms of his or her probation or of abandoning or deserting his or her spouse, or his or her child or children, or failing to support them, shall be apprehended and brought back to the county or city having jurisdiction of the case in accordance with the law providing for the apprehension and return to the Commonwealth of fugitives from justice, and upon conviction punished as hereinabove provided.

Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1974, c. 464; 2008, cc. 551 , 691 .
Va. Code Ann. § 20-116 — Virginia Code / Title 20 / Chapter 6 / Section 20-116
Effect of divorce from bed and board and what court may decree
Status: in_force

In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and protected in their persons and property. Such decree shall operate upon property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other.

Code 1919, § 5112.
Va. Code Ann. § 20-146.17 — Virginia Code / Title 20 / Chapter 7.1 / Article 2 / Section 20-146.17
Simultaneous proceedings
Status: in_force

A. Except as otherwise provided in § 20-146.15 , a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18 .

B. Except as otherwise provided in § 20-146.15 , a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20 . If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

2. Enjoin the parties from continuing with the proceeding for enforcement; or

3. Proceed with the modification under conditions it considers appropriate.

1979, c. 229, § 20-129; 2001, c. 305 .
Va. Code Ann. § 20-88.50 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.50
Duties of support enforcement agency
Status: in_force

A. A support enforcement agency of the Commonwealth, upon request, shall provide services to a petitioner in a proceeding under this chapter.

B. In a proceeding under this chapter, a support enforcement agency of the Commonwealth that is providing services to the petitioner shall:

1. Take all steps necessary to enable an appropriate tribunal of the Commonwealth, another state, or a foreign country to obtain jurisdiction over the respondent;

2. Request an appropriate tribunal to set a date, time, and place for a hearing;

3. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

4. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

5. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

6. Notify the petitioner if jurisdiction over the respondent cannot be obtained.

C. A support enforcement agency of the Commonwealth that requests registration of a child support order in the Commonwealth for enforcement or for modification shall make reasonable efforts to ensure that:

1. The order to be registered is the controlling order; or

2. If two or more child support orders exist and the identity of the controlling order has not been determined, a request for such a determination is made in a tribunal having jurisdiction to do so.

D. A support enforcement agency of the Commonwealth that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in U.S. dollars under the applicable official or market exchange rate as publicly reported.

E. A support enforcement agency of the Commonwealth shall issue or request a tribunal of the Commonwealth to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest to a support enforcement agency of the Commonwealth if requested to do so by a support enforcement agency of another state pursuant to § 20-88.62 .

F. This chapter does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

1994, c. 673 ; 1997, cc. 797 , 897 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-88.89 — Virginia Code / Title 20 / Chapter 5.3 / Article 13 / Section 20-88.89
Contest of registered convention support order
Status: in_force

A. Except as otherwise provided in this chapter, §§ 20-88.71 , 20-88.72 , and 20-88.73 apply to a contest of a registered Convention support order.

B. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

C. If the non-registering party fails to contest the registered Convention support order within the time period specified in subsection B, the order is enforceable.

D. A contest of a registered Convention support order may be based only on grounds set forth in § 20-88.90 . The contesting party bears the burden of proof.

E. In a contest of a registered Convention support order, a tribunal of the Commonwealth:

1. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

2. May not review the merits of the order.

F. A tribunal of the Commonwealth deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

G. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

2015, c. 727 .
Va. Code Ann. § 20-16 — Virginia Code / Title 20 / Chapter 2 / Section 20-16
Issuance of marriage licenses and marriage certificates
Status: in_force

The clerk issuing any marriage license shall require the parties contemplating marriage to state, under oath, the information required to complete the application for marriage license. The parties shall be able to designate themselves on the application for marriage license as spouse, bride, or groom. The clerk shall provide the parties with two copies of the marriage certificate to be completed by the marriage officiant, who shall return the completed certificates to the clerk after the marriage ceremony of the parties. The clerk shall retain one copy of the completed marriage certificate and provide the other copy to the State Registrar of Vital Records. The clerk may provide the parties with a commemorative marriage certificate and the parties may request a certified copy of the official marriage certificate as provided in Article 7 (§ 32.1-270 et seq.) of Chapter 7 of Title 32.1. For the purposes of this section any statement made by such applicant, under oath, concerning the information to be entered on the application for marriage license is hereby declared to be a material matter or thing in any prosecution for perjury for any violation of this section.

Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1968, c. 318; 2015, c. 708 .
Va. Code Ann. § 20-88.90 — Virginia Code / Title 20 / Chapter 5.3 / Article 13 / Section 20-88.90
Recognition and enforcement of registered convention support order
Status: in_force

A. Except as otherwise provided in subsection B, a tribunal of the Commonwealth shall recognize and enforce a registered Convention support order.

B. The following grounds are the only grounds on which a tribunal of the Commonwealth may refuse recognition and enforcement of a registered Convention support order:

1. Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

2. The issuing tribunal lacked personal jurisdiction consistent with § 20-88.35 ;

3. The order is not enforceable in the issuing country;

4. The order was obtained by fraud in connection with a matter of procedure;

5. A record transmitted in accordance with § 20-88.88 lacks authenticity or integrity;

6. A proceeding between the same parties and having the same purpose is pending before a tribunal of the Commonwealth and that proceeding was the first to be filed;

7. The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in the Commonwealth;

8. Payment, to the extent alleged arrears have been paid in whole or in part;

9. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

a. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

b. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

10. The order was made in violation of § 20-88.93 .

C. If a tribunal of the Commonwealth does not recognize a Convention support order under subdivision B 2, 4, or 9:

1. The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

2. The Department of Social Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 20-88.86 .

2015, c. 727 .
Va. Code Ann. § 20-45.2 — Virginia Code / Title 20 / Chapter 3 / Section 20-45.2
Repealed
Status: repealed

Repealed by Acts 2020, cc. 75 and 195 , cl. 1, and c. 900 , cl. 2.
Va. Code Ann. § 20-79.2 — Virginia Code / Title 20 / Chapter 5 / Section 20-79.2
Immediate income deduction; income withholding
Status: in_force

A. For the purposes of this section, the terms "employer" and "income" shall have the same meanings ascribed to them in § 63.2-1900 .

B. Every initial order entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order, plus an amount for the liquidation of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court shall consider the obligor's past financial responsibility, history of prior payment under any support order, and any other matter that the court considers relevant to the likelihood of payment in accordance with the support order. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1 or 63.2-1945 .

An order that modifies an initial order may include a provision for immediate income withholding.

The total amount withheld shall not exceed the maximum amount permitted under § 34-29 .

A withholding order issued to an obligor's employer pursuant to this section shall conform to § 20-79.3 . The rights and obligations of the employer with respect to the order are set out in § 20-79.3 . The order shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904 or 63.2-1908 .

1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714 ; 1998, c. 727 ; 2020, c. 722 .
Va. Code Ann. § 20-88.58 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.58
Nonparentage as defense
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

1994, c. 673 .
Va. Code Ann. § 20-99.2 — Virginia Code / Title 20 / Chapter 6 / Section 20-99.2
Service in divorce and annulment cases
Status: in_force

A. In any suit for divorce or annulment or affirmation of a marriage, process may be served in any manner authorized under § 8.01-296 or 8.01-320 .

B. Any such process served prior to July 1, 1984, shall not be invalidated solely because service was made as prescribed under § 8.01-296 .

1984, c. 611; 2012, cc. 78 , 84 .
Va. Code Ann. § 20-88.44 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.44
Proceedings under this chapter
Status: in_force

A. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.

B. An individual or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or foreign country that has or can obtain personal jurisdiction over the respondent.

1994, c. 673 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-49.9 — Virginia Code / Title 20 / Chapter 3.1 / Section 20-49.9
Repealed
Status: repealed

Repealed by Acts 2002, c. 747 , cl. 10, effective October 1, 2002.
Va. Code Ann. § 20-88.61 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.61
Assistance with discovery
Status: in_force

A tribunal of the Commonwealth may (i) request a tribunal outside the Commonwealth to assist in obtaining discovery and (ii) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside the Commonwealth.

1994, c. 673 ; 2015, c. 727 .
Va. Code Ann. § 20-88.64:4 — Virginia Code / Title 20 / Chapter 5.3 / Article 7 / Section 20-88.64:4
Penalties for noncompliance
Status: in_force

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of the Commonwealth.

1997, cc. 797 , 897 ; 2015, c. 727 .
Va. Code Ann. § 20-182 — Virginia Code / Title 20 / Chapter 11 / Section 20-182
Privilege against disclosure of collaborative law communication; admissibility; discovery
Status: in_force

A. Subject to §§ 20-183 and 20-184 , a collaborative law communication is privileged under subsection B, is not subject to discovery, and is not admissible in evidence.

B. In a proceeding, the following privileges apply:

1. A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

2. A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

C. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

2021, Sp. Sess. I, c. 346 .
Va. Code Ann. § 20-167 — Virginia Code / Title 20 / Chapter 10 / Section 20-167
Statutory form for power of attorney to delegate parental or legal custodial powers
Status: in_force

A. A power of attorney to delegate parental or legal authority executed pursuant to this chapter shall be substantially as follows:

POWER OF ATTORNEY TO DELEGATE PARENTAL OR LEGAL CUSTODIAL POWERS

1. I/We certify that I/we am/are the parent or legal custodian of:

Full name of minor child: _________________________ Date of birth: ________________

Full name of minor child: _________________________ Date of birth: ________________

Full name of minor child: _________________________ Date of birth: ________________

2. I/We ________________ designate (insert full name, address, and phone number of designated attorney-in-fact) as the attorney-in-fact of each child listed above.

3. I/We delegate to the attorney-in-fact all of my/our power and authority regarding the care, custody, and property of each minor child named above, including discharge of a newborn infant from the hospital of birth, the initial physical placement of a child with the prospective adoptive parent in accordance with the provisions of Title 63.2 of the Code of Virginia, the right to enroll the child in school, the right to inspect and obtain copies of education records and other records concerning the child, the right to attend school activities and other functions concerning the child, and the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. I/We understand that this power of attorney shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of any child under Title 20 of the Code of Virginia, and I/we understand that I/we shall continue to be bound by any obligations in such order. By my/our signature below, I/we hereby certify that I/we am/are not executing this power of attorney for any unlawful purpose or for the primary purpose of enrolling my/our child/children in a school for the sole purpose of participating in the academic or interscholastic athletics programs provided by that school.

OR

3. I/We delegate to the attorney-in-fact the following specific powers and responsibilities:

__________________________________________________________________

__________________________________________________________________.

This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. I/We understand that this power of attorney shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of any child under Title 20 of the Code of Virginia, and I/we understand that I/we shall continue to be bound by any obligations in such order. By my/our signature below, I/we hereby certify that I/we am/are not executing this power of attorney for any unlawful purpose or for the primary purpose of enrolling my/our child/children in a school for the sole purpose of participating in the academic or interscholastic athletics programs provided by that school.

4. This power of attorney is effective for a period not to exceed 180 days, beginning ____________ (insert date) and ending _________ (insert date). I/We reserve the right to revoke this authority at any time.

OR

4. I/We am/are a service member, as defined by § 20-166 of the Code of Virginia, and am/are on, or am/are scheduled to be on, active duty for a period that is set to last longer than 180 days. This power of attorney is effective for a period not to exceed the period of active duty plus 30 days, beginning ___________ (insert date) and ending _________ (insert date). I/We reserve the right to revoke this authority at any time.

Signature(s) of parent/legal custodian: ___________________________ Date: _____________

5. I hereby accept my designation as attorney-in-fact for the minor child/children specified in this power of attorney and agree to act at all times in the best interests of the child/children specified herein and within the limits of the powers delegated to me. I understand that this power of attorney does not change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child/children specified herein. By my signature below, I affirm that I have received notice of any existing court order regarding the custody, visitation, or support of the child/children and agree to honor the rights of a parent or legal custodian of the child/children as specified in such order.

Signature of attorney-in-fact: __________________________ Date: ____________

6. I, ______________________________ (insert name of representative of licensed child-placing agency), on behalf of ________________________ (insert name of licensed child-placing agency), hereby approve the designation of the aforementioned attorney-in-fact for the minor child/children specified in this power of attorney and accept responsibility for the supervision of the placement during the time the child/children is/are in the care of the attorney-in-fact.

Signature of representative of licensed child-placing agency: _______________________ Date: ___________

B. A power of attorney executed under this chapter is legally sufficient if the wording of the form complies substantially with subsection A, the form is properly completed, and the signatures of the parties are acknowledged or verified before a notary public.

2019, c. 297 ; 2024, c. 90 .
Va. Code Ann. § 20-71.1 — Virginia Code / Title 20 / Chapter 5 / Section 20-71.1
Attorneys' fees in proceedings under § 20-71
Status: in_force

In any proceeding by a spouse petitioning under § 20-71 before the juvenile and domestic relations district court or on appeal before a court of record, to be allowed support for himself or herself or the infant child or children of the defendant, the juvenile and domestic relations district court may direct the defendant, in addition to the allowance to the spouse and support and maintenance for the infant children, to pay to the spouse's attorney, upon such terms and conditions and in such time as the court shall deem reasonable, an attorney's fee deemed reasonable by the court for such services as said attorney before said court. Upon appeal of the matter to a court of record, the judge of the circuit court may direct that the defendant, in addition to the fees allowed to the spouse's attorney by the juvenile and domestic relations district court, pay to the spouse's attorney at such time and upon such terms and conditions as the judge deems reasonable, an attorney's fee deemed reasonable by the court for such services of said attorney before said court of record, but in fixing said fee such court shall take into consideration the fee or fees directed to be paid by the court from which said appeal was taken.

1950, p. 741; 1974, c. 464; 1975, c. 644.
Va. Code Ann. § 20-88.78 — Virginia Code / Title 20 / Chapter 5.3 / Article 10 / Section 20-88.78
Repealed
Status: repealed

Repealed by Acts 2015, c. 727 , cl. 2, effective April 15, 2015.
Va. Code Ann. § 20-13 — Virginia Code / Title 20 / Chapter 2 / Section 20-13
License and solemnization required
Status: in_force

Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided.

Code 1919, § 5071.
Va. Code Ann. § 20-87 — Virginia Code / Title 20 / Chapter 5 / Section 20-87
Arrest for violating directions, rules or regulations given by judge
Status: in_force

Whenever the chief of police or sheriff becomes satisfied that such person is violating the directions, rules or regulations given or prescribed by the judge for his or her conduct, such chief of police or sheriff shall have authority to arrest such person after a proper capias or warrant has been issued for such person and forthwith carry him before the court before whom he or she was first brought.

Code 1919, § 1944; 1918, p. 762; 1922, p. 847; 1974, c. 464; 1975, c. 644; 1988, c. 495.
Va. Code Ann. § 20-88.63 — Virginia Code / Title 20 / Chapter 5.3 / Article 6 / Section 20-88.63
Establishment of support order
Status: in_force

A. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the Commonwealth with personal jurisdiction over the parties may issue a support order if (i) the individual seeking the order resides outside the Commonwealth or (ii) the support enforcement agency seeking the order is located outside the Commonwealth.

B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

1. A presumed father of the child;

2. Petitioning to have his paternity adjudicated;

3. Identified as the father of the child through genetic testing;

4. An alleged father who has declined to submit to genetic testing;

5. Shown by clear and convincing evidence to be the father of the child;

6. An acknowledged father as provided by applicable state law;

7. The mother of the child; or

8. An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

C. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 20-88.48 .

1994, c. 673 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-146.30 — Virginia Code / Title 20 / Chapter 7.1 / Article 3 / Section 20-146.30
Service of petition and order
Status: in_force

Except as otherwise provided in § 20-146.32 , the petition and order shall be served, by any method authorized by the law of this Commonwealth, upon the respondent and any person who has physical custody of the child.

2001, c. 305 .
Va. Code Ann. § 20-88.32:1 — Virginia Code / Title 20 / Chapter 5.3 / Article 1 / Section 20-88.32:1
Uniformity of application and construction
Status: in_force

In applying and construing this Uniform Interstate Family Support Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

2015, c. 727 .
Va. Code Ann. § 20-146.31 — Virginia Code / Title 20 / Chapter 7.1 / Article 3 / Section 20-146.31
Hearing and order
Status: in_force

A. Unless the court issues a temporary emergency order pursuant to § 20-146.15 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

1. The child custody determination has not been registered under § 20-146.26 and that:

a. The issuing court did not have jurisdiction under Article 2 (§ 20-146.12 et seq.);

b. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.); or

c. The respondent was entitled to notice, but notice was not given in accordance with the standards of § 20-146.7 , in the proceedings before the court that issued the order for which enforcement is sought; or

2. The child custody determination for which enforcement is sought was registered under § 20-146.26 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2 (§ 20-146.12 et seq.).

B. The court shall award the fees, costs, and expenses authorized under § 20-146.33 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

C. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

D. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship between spouses or between parent and child may not be invoked in a proceeding under this article.

2001, c. 305 ; 2020, c. 900 .
Va. Code Ann. § 20-88.77:1 — Virginia Code / Title 20 / Chapter 5.3 / Article 9 / Section 20-88.77:1
Jurisdiction to modify support order of another state when individual parties reside in this Commonwealth
Status: in_force

A. If all of the parties who are individuals reside in this Commonwealth and the child does not reside in the issuing state, a tribunal of this Commonwealth has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

B. A tribunal of this Commonwealth exercising jurisdiction as provided in this section shall apply the provisions of Articles 1 (§ 20-88.32 et seq.) and 2 (§ 20-88.35 et seq.), this article and the procedural and substantive law of this Commonwealth to the enforcement or modification. Articles 3 through 5 (§ 20-88.37 et seq.) and Articles 7 (§ 20-88.64 et seq.) and 8 (§ 20-88.66 et seq.) do not apply.

1997, cc. 797 , 897 .
Va. Code Ann. § 20-49 — Virginia Code / Title 20 / Chapter 3 / Section 20-49
Repealed
Status: repealed

Repealed by Acts 2016, cc. 457 and 543 , cl. 2.
Va. Code Ann. § 20-28 — Virginia Code / Title 20 / Chapter 2 / Section 20-28
Penalty for celebrating marriage without license
Status: in_force

If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

Code 1919, § 4542.
Va. Code Ann. § 20-78.2 — Virginia Code / Title 20 / Chapter 5 / Section 20-78.2
Attorney fees and interest on support arrearage
Status: in_force

The entry of an order or decree of support for a spouse or for support and maintenance of a child under the provisions of this chapter or §§ 20-107.1 through 20-109 shall constitute a final judgment for any sum or sums in arrears. This order shall also include an amount for interest on the arrearage including from the date support is established or retroactively modified at the judgment interest rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorney fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.

1983, c. 488; 1987, c. 190; 1995, c. 483 ; 2005, c. 880 ; 2022, c. 527 .
Va. Code Ann. § 20-168 — Virginia Code / Title 20 / Chapter 11 / Section 20-168
Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

"Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that (i) is made to conduct, participate in, continue, or reconvene a collaborative law process and (ii) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

"Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.

"Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers.

"Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.

"Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution that is described in a collaborative law participation agreement and that is between family or household members or arises under the family or domestic relations laws of the Commonwealth, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements.

"Family abuse" has the same meaning as set forth in § 16.1-228 .

"Family or household member" has the same meaning as set forth in § 16.1-228 .

"Law firm" means (i) lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association or (ii) lawyers employed together in (a) a legal services organization or (b) the legal department of another organization.

"Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.

"Party" means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

"Proceeding" means a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery.

"Prospective party" means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

"Sign" means, with present intent to authenticate or adopt a record, to (i) execute or adopt a tangible symbol or (ii) attach to or logically associate with the record an electronic symbol, sound, or process.

"Tribunal" means a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interest in a matter.

2021, Sp. Sess. I, c. 346 .
Va. Code Ann. § 20-146.33 — Virginia Code / Title 20 / Chapter 7.1 / Article 3 / Section 20-146.33
Costs, fees, and expenses
Status: in_force

A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

B. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this act.

1979, c. 229, § 20-136; 2001, c. 305 .
Va. Code Ann. § 20-146.22 — Virginia Code / Title 20 / Chapter 7.1 / Article 3 / Section 20-146.22
Definitions
Status: in_force

In this article:

"Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

"Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

2001, c. 305 .
Va. Code Ann. § 20-124.7 — Virginia Code / Title 20 / Chapter 6.2 / Section 20-124.7
Definitions
Status: in_force

For purposes of this chapter:

"Deploying parent or guardian" means a parent of a child under the age of 18 whose parental rights have not been terminated by a court of competent jurisdiction or a guardian of a child under the age of 18 who is deployed or who has received written orders to deploy with the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, National Guard, or any other reserve component thereof.

"Deployment" means compliance with military orders received by a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, National Guard, or any other reserve component thereof to report for combat operations or other active service for which the deploying parent or guardian is required to report unaccompanied by any family member.

2008, c. 750 ; 2024, cc. 22 , 817 .
Va. Code Ann. § 20-111 — Virginia Code / Title 20 / Chapter 6 / Section 20-111
Decree of divorce from bond of matrimony extinguishes contingent property rights
Status: in_force

Upon the entry of a decree of divorce from the bond of matrimony, all contingent rights of either consort in the real and personal property of the other then existing, or thereafter acquired, including the right of survivorship in real or personal property title to which is vested in the parties as joint tenants or as tenants by the entirety, with survivorship as at common law, shall be extinguished, and such estate by the entirety shall thereupon be converted into a tenancy in common.

Code 1919, § 5111; 1926, p. 105; 1927, p. 184; 1934, p. 516; 1938, p. 784; 1944, p. 397; 1948, p. 593.
Va. Code Ann. § 20-104 — Virginia Code / Title 20 / Chapter 6 / Section 20-104
Order of publication against nonresident defendant
Status: in_force

In any suit for annulment, for divorce, either a vinculo matrimonii or a mensa et thoro, or for affirmance of a marriage, an affidavit shall be filed that the defendant is not a resident of the Commonwealth of Virginia, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county or city such defendant is, without effect, an order of publication shall be entered against such defendant by the court, or by the clerk of the court wherein such suit is pending, either in term time or vacation, which order shall state the object of the suit and the grounds thereof, and the order of publication shall be published as required by law. If the plaintiff in the suit has been determined to be indigent by the court pursuant to § 19.2-159 , the order stating the object of the suit and the grounds thereof shall be mailed to the defendant at his last known address and posted on the main entrance to the circuit courthouse of the city or county wherein the suit is filed, and no order of publication shall be required. No depositions in the suit shall be commenced until at least 10 days shall have elapsed after the order has been duly published or mailed and posted as required by law.

All annulments or divorces heretofore granted in suits in which the defendant was proceeded against by an order of publication or of mailing and posting which required the defendant to appear within 10 days after due publication or mailing and posting thereof, and in which depositions were taken less than 15 days, but not less than 10 days, after such due publication or mailing and posting and in suits in which the defendant was proceeded against by an order of publication or of mailing and posting issued on an affidavit that diligence had been used by or on behalf of the plaintiff to ascertain in what county or city such defendant was, without effect, or wherein the order of publication or of mailing and posting was entered by the court, are hereby validated and declared to be binding upon the parties to such suit, when the other proceedings therein were regular and the annulment or divorce otherwise valid.

The cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.

Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72; 1975, c. 644; 1996, c. 352 ; 2008, c. 699 .
Va. Code Ann. § 20-185 — Virginia Code / Title 20 / Chapter 11 / Section 20-185
Authority of tribunal in case of noncompliance
Status: in_force

A. If a collaborative law participation agreement fails to meet the requirements of § 20-170 , or a lawyer fails to comply with § 20-179 or 20-180 , a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into a collaborative law participation agreement and (ii) reasonably believed they were participating in a collaborative law process.

B. If a tribunal makes the findings specified in subsection A, and the interests of justice require, the tribunal may (i) enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated, (ii) apply the disqualification provisions of § 20-175 , and (iii) apply a privilege under § 20-182 .

2021, Sp. Sess. I, c. 346 .
Va. Code Ann. § 20-88.77:2 — Virginia Code / Title 20 / Chapter 5.3 / Article 9 / Section 20-88.77:2
Notice to issuing tribunal of modification
Status: in_force

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

1997, cc. 797 , 897 .
Va. Code Ann. § 20-108 — Virginia Code / Title 20 / Chapter 6 / Section 20-108
Revision and alteration of such decrees
Status: in_force

The court may, from time to time after decreeing as provided in § 20-107.2 , on petition of either of the parents, or on its own motion or upon petition of any probation officer or the Department of Social Services, which petition shall set forth the reasons for the relief sought, revise and alter such decree concerning the care, custody, and maintenance of the children and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children may require. The intentional withholding of visitation of a child from the other parent without just cause may constitute a material change of circumstances justifying a change of custody in the discretion of the court.

No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.

Any member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, National Guard, or any other reserve component thereof, who files a petition or is a party to a petition requesting the adjudication of the custody, visitation or support of a child based on a change of circumstances due to one of the parent's deployment, as that term is defined in § 20-124.7 , shall be entitled to have such a petition expedited on the docket of the court.

Code 1919, § 5111; 1926, p. 105; 1927, p. 184; 1934, p. 515; 1938, p. 784; 1944, p. 397; 1948, p. 593; 1986, c. 537; 1987, c. 649; 1991, c. 438; 2002, c. 747 ; 2004, c. 204 ; 2006, c. 371 ; 2011, c. 351 ; 2024, cc. 22 , 817 .
Va. Code Ann. § 20-155 — Virginia Code / Title 20 / Chapter 8 / Section 20-155
Marital agreements
Status: in_force

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

1987, c. 41; 1998, c. 638 ; 2003, cc. 662 , 669 .
Va. Code Ann. § 20-50 — Virginia Code / Title 20 / Chapter 4 / Section 20-50
Repealed
Status: repealed

Repealed by Acts 1968, c. 318.
Va. Code Ann. § 20-88.81 — Virginia Code / Title 20 / Chapter 5.3 / Article 12 / Section 20-88.81
Repealed
Status: repealed

Repealed by Acts 2015, c. 727 , cl. 2, effective April 15, 2015.
Va. Code Ann. § 20-88.41 — Virginia Code / Title 20 / Chapter 5.3 / Article 4 / Section 20-88.41
Determination of controlling child support order
Status: in_force

A. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.

B. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of the Commonwealth or another state or foreign country with regard to the same obligor and same child, a tribunal of the Commonwealth having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

1. If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.

2. If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, (i) an order issued by a tribunal in the current home state of the child controls, or (ii) if an order has not been issued in the current home state of the child, the order most recently issued controls.

3. If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, a tribunal of the Commonwealth shall issue a child support order, which controls.

C. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a tribunal of the Commonwealth having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection B. The request may be filed with a registration for enforcement or registration for modification pursuant to Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate proceeding.

D. A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

E. The tribunal that issued the controlling order under subsection A, B or C has continuing jurisdiction to the extent provided in § 20-88.39 or 20-88.40 .

F. A tribunal of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues a new controlling order under subdivision B 3 shall state in that order:

1. The basis upon which the tribunal made its determination;

2. The amount of prospective support, if any; and

3. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 20-88.43 .

G. Within 30 days after issuance of an order determining which is the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure arises. The failure to file does not affect the validity or enforceability of the controlling order.

H. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section shall be recognized in proceedings under this chapter.

1994, c. 673 ; 1997, cc. 797 , 897 ; 2005, c. 754 ; 2015, c. 727 .
Va. Code Ann. § 20-20 — Virginia Code / Title 20 / Chapter 2 / Section 20-20
Clerk to file license and certificate; indexing names of parties; certified copies as evidence
Status: in_force

The clerk to whom the license and certificate are returned, shall file and preserve the original in his office, and make an index of the names of both of the parties married.

When the certificates of such person celebrating such marriage are returned to the clerk, and recorded as provided in this section and § 32.1-267 , copies of the same properly certified by the clerk lawfully having the custody thereof or properly certified by the State Registrar of Vital Records shall be prima facie evidence of the facts therein set forth in all courts of this Commonwealth.

Code 1919, §§ 5074, 5076; 1928, p. 315; 1938, p. 152; 1968, c. 318.
Va. Code Ann. § 20-33 — Virginia Code / Title 20 / Chapter 2 / Section 20-33
Penalty for clerk issuing license contrary to law
Status: in_force

If any clerk of a court knowingly issue a marriage license contrary to law, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

Code 1919, § 4541.
Va. Code Ann. § 20-146.19 — Virginia Code / Title 20 / Chapter 7.1 / Article 2 / Section 20-146.19
Jurisdiction declined by reason of conduct
Status: in_force

A. Except as otherwise provided in § 20-146.15 or by other law of this Commonwealth, if a court of this Commonwealth has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

1. The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

2. A court of the state otherwise having jurisdiction under §§ 20-146.12 , 20-146.13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.18 ; or

3. No court of any other state would have jurisdiction under the criteria specified in subsection B.

B. If a court of this Commonwealth declines to exercise its jurisdiction pursuant to subsection A, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 20-146.12 , 20-146.13 or § 20-146.14 .

C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this Commonwealth unless authorized by law other than this act.

1979, c. 229, § 20-131; 2001, c. 305 .
Va. Code Ann. § 20-184 — Virginia Code / Title 20 / Chapter 11 / Section 20-184
Limits of privilege
Status: in_force

A. There is no privilege under § 20-182 for a collaborative law communication that is:

1. Available to the public;

2. A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

3. Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

4. In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

B. The privileges under § 20-182 for a collaborative law communication do not apply to the extent that a communication is:

1. Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

2. Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party to or otherwise participates in the process.

C. There is no privilege under § 20-182 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in (i) a court proceeding involving a felony or misdemeanor or (ii) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

D. If a collaborative law communication is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted.

E. Disclosure or admission of evidence excepted from the privilege under subsection B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

F. The privileges under § 20-182 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process is not privileged before the communication was made.

2021, Sp. Sess. I, c. 346 .
Va. Code Ann. § 20-88.49 — Virginia Code / Title 20 / Chapter 5.3 / Article 5 / Section 20-88.49
Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this Commonwealth, it shall forward the pleading and accompanying documents to an appropriate tribunal in this Commonwealth or another state, and notify the petitioner where and when the pleading was sent.

1994, c. 673 ; 1997, cc. 797 , 897 .
Va. Code Ann. § 20-146.10 — Virginia Code / Title 20 / Chapter 7.1 / Article 1 / Section 20-146.10
Taking testimony in another state
Status: in_force

A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this Commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

B. A court of this Commonwealth may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this Commonwealth shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

C. Documentary evidence transmitted from another state to a court of this Commonwealth by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

1979, c. 229, § 20-141; 2001, c. 305 .
Va. Code Ann. § 20-45.1 — Virginia Code / Title 20 / Chapter 3 / Section 20-45.1
Void and voidable marriages
Status: in_force

A. All marriages that are prohibited by § 20-38.1 are void.

B. All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.

C. All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.

1975, c. 644; 2016, cc. 457 , 543 ; 2024, c. 737 .
Va. Code Ann. § 20-78.1 — Virginia Code / Title 20 / Chapter 5 / Section 20-78.1
Effect of entry of support order in certain garnishment proceedings
Status: in_force

A. A judgment for arrearage, or an order or decree of support for a spouse or support and maintenance of a child or children entered under the provisions of this chapter or §§ 16.1-278.15 through 16.1-278.18 , 20-103 and 20-107.1 through 20-109 may be enforced in any garnishment proceeding in which the liability is against the United States of America.

B. Except as otherwise provided herein, the provisions of Article 7 (§ 8.01-511 et seq.) of Chapter 18 of Title 8.01 shall govern such garnishment. Any garnishment under the provisions of this section shall continue until modified by the issuing court, or in the case of an arrearage, until the sum or sums of money found to be in arrears are paid in full.

C. The provisions of this section shall apply to arrearages accumulated prior to and after July 1, 1976.

1976, c. 659; 1978, c. 736; 1980, c. 102; 1987, c. 597; 1991, c. 534; 1999, c. 577 .
Va. Code Ann. § 20-88.71 — Virginia Code / Title 20 / Chapter 5.3 / Article 8 / Section 20-88.71
Procedure to contest validity or enforcement of registered support order
Status: in_force

A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in the Commonwealth shall request a hearing within the time required by § 20-88.70 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 20-88.72 .

B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

1994, c. 673 ; 1997, cc. 797 , 897 ; 2015, c. 727 .
Va. Code Ann. § 20-146.7 — Virginia Code / Title 20 / Chapter 7.1 / Article 1 / Section 20-146.7
Notice to persons outside state
Status: in_force

A. Notice required for the exercise of jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by the law of this Commonwealth for service of process or by the law of the state in which the service is attempted or made. Notice may also be by certified or registered mail, return receipt requested, addressed to the last known address of the person to be served. Notice must be given in a manner reasonably calculated to give actual notice and an opportunity to be heard but may be by publication pursuant to §§ 8.01-316 and 8.01-317 if other means are not effective.

B. Proof of service may be made in the manner prescribed by the law of this Commonwealth or by the law of the state in which the service is made.

C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

1979, c. 229; 1982, c. 483, § 20-128; 2001, c. 305 .
Va. Code Ann. § 20-71 — Virginia Code / Title 20 / Chapter 5 / Section 20-71
Temporary orders for support
Status: in_force

At any time before the trial, upon motion of the complainant, with notice to the defendant, the court may enter such temporary order as seems just, providing for the support of the neglected spouse or children, or both, pendente lite, and may punish for violation of the order as for contempt.

1944, p. 212; Michie Suppl. 1946, § 1938; 1974, c. 464.
Va. Code Ann. § 20-40 — Virginia Code / Title 20 / Chapter 3 / Section 20-40
Punishment for violation of such prohibition; leaving Commonwealth to avoid
Status: in_force

If any person marry in violation of § 20-38.1 , he shall be confined in jail not exceeding six months, or fined not exceeding $500, in the discretion of the jury. If any persons, resident in the Commonwealth and within the degrees of relationship mentioned in that section, shall go out of the Commonwealth for the purpose of being married, and with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as a married couple, they shall be punished as provided in this section, and the marriage shall be governed by the same law as if it had been solemnized in the Commonwealth. The fact of such cohabitation here shall be evidence of such marriage. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.

Code 1919, §§ 4540, 5089; 1976, c. 356; 2003, c. 99 ; 2020, c. 900 .