Q: Virginia divorce papers posted to the defendant. No response after 21 days. Does that mean you have to go to court?
A: If served by posting, you still have to give notice, etc. and proceed.
Va. Code § 20-99 provides you can forego notice if served personally. "5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296, and the defendant has failed to file an answer to the suit or otherwise appear within the time allowed by law, no further notice to take depositions or conduct an ore tenus hearing is required to be served on the defendant and the court may enter any order or final decree without further notice to the defendant."
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