Will personal service on nonresident in Virginia support a divorce decree?
Yes, Court of Appeals of Virginia ruled in the case of Ragouzis v. Ragouzis, 10 Va.App. 312, 391 S.E.2d 607 (1990), provided the court has long-arm jurisdiction over the defendant. While residing in another state, a husband and wife separated and wife filed a divorce action there. The wife then moved with her child to Pulaski County, Virginia. Approximately five months later, the wife filed a second bill of complaint for a divorce in the City of Radford, Virginia, which she believed, in good faith, was her husband’s place of residence because he was occupying an apartment there. The caption of the bill of complaint contained the husband’s Radford address. The sheriff served the husband when he answered the door at his Radford apartment.
The City of Radford, Virginia, Circuit Court found that husband routinely visited Radford to conduct business but that he had retained his permanent residence and domicile in Ohio. Hence, the court found he was a resident of Ohio. Because husband was a non-resident and the wife was a resident of Pulaski County, Virginia, under Virginia Code § 20-96(B), then in effect, venue was proper in Pulaski County. Pursuant to the provisions of Code § 20-96(C), the Radford Circuit Court transferred the case to the Pulaski County Circuit Court, which is in the same judicial circuit as the City of Radford. By decree of the Pulaski County Circuit Court, the wife was granted a divorce. The decree did not address child custody, visitation, child support, spousal support, or equitable distribution.
On appeal, the husband contended that the trial court lacked jurisdiction over him because the service on him, a nonresident did not conform to Virginia Code § 8.01-328.1, the long arm statute. Virginia has a long arm jurisdiction statute in Code Section 8.01-328.1 that allows Virginia to exercise jurisdiction over a person in another state when that person has certain connections to the Commonwealth of Virginia. Particularly relevant to divorce cases, these connections include owning real estate in Virginia, executing a support agreement in Virginia, being ordered to pay spousal or child support by a court in Virginia that has personal jurisdiction, fathering or conceiving a child in Virginia, or having a marital domicile in Virginia prior to separation. Additionally, husband also claims that the Circuit Court of Pulaski County lacked subject jurisdiction under Code § 20-96 because the case was transferred to it by a court without jurisdiction.
The Virginia Court of Appeals ruled in favor of the wife. The court noted that the Virginia long arm statute provides additional methods of service on nonresident defendant, not exclusive methods of service, and does not supplant previously authorized methods of personal service provided by law. Virginia Code § 8.01-328.1. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-328.1. The Virginia Court of Appeals found that service through the Secretary of the Commonwealth was not the exclusive method for service of process under the Virginia long-arm statue and that, generally, personal service on a nonresident in Virginia is valid and will support a personal judgment against that nonresident. Further, in regards to husbands’ second contention, the court ruled that the Radford Circuit Court had potential subject matter jurisdiction to hear the divorce case, and therefore, had jurisdiction to transfer case to a court which was the proper venue once the court acquired personal jurisdiction over husband by personal service upon him during routine business trip. See Temple v. City of Petersburg, 182 Va. 418, 29 S.E.2d 357 (1944).
It should be noted that all circuit courts within the Commonwealth of Virginia have potential subject matter jurisdiction to try divorce cases. Preferred venue in divorce, annulment, and affirmance cases is the county or city where the parties last resided, the county or city where the defendant resides, if a resident of Virginia, or when the defendant is served by order of publication, the city or county in which the plaintiff resides, under Section 8.01-261(19) of the Code of Virginia.
You should consult with your Virginia divorce lawyer to determine whether jurisdiction exists for a divorce proceeding and what would be the proper venue for your case.