HB 1385 — Divorce; affidavit submitted as evidence, minor children of the parties.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E114 An Act to amend and reenact § 20-106 of the Code of Virginia, relating to divorce;

R O [H 1385] Approved LMarch L21, 2023 Be it enacted by the General Assembly of Virginia:

E § 20-106.

DA. given orally in open court, and if either party desires it, such testimony and the rulings of the court on the exceptions thereto, if any, shall be reduced to writing, and the judge shall certify that such evidence was given before him and such rulings made.

WhenIn soany certifiedsuit thefor samedivorce, shall stand on the sametrial footingcourt asmay arequire deposition regularly taken in the cause,whole provided,or however,any thatpart noof suchthe oraltestimony evidenceto shall be given ororally heardin unlessopen court, and untilif aftereither such notice to the adverse party asdesires isit, requiredsuch bytestimony lawand tothe berulings given of the takingcourt ofon depositions,the orexceptions whenthereto, thereif hasany, beenshall nobe servicereduced ofto processwriting, withinand the Commonwealthjudge upon,shall orcertify appearancethat bysuch theevidence defendantwas againstgiven whombefore suchhim testimonyand issuch soughtrulings tomade. be H introduced.

However,When aso partycertified maythe proceedsame toshall takestand evidenceon inthe supportsame ofbe agiven divorceor byheard deposition1orunless (9)and ofuntil §after 20-91,such wherenotice (i)to the partiesadverse haveparty resolvedas allis issuesrequired by alaw writtento settlementbehall agreement,given (ii)of there are no issues other than the groundstaking of thedepositions, divorce itself to be adjudicated, or (iii)when thethere adverse party has been personallyno servedservice withof theprocess complaintwithin andthe hasCommonwealth failedupon, toor fileappearance aby responsivethe pleadingdefendant oragainst towhom makesuch antestimony appearanceis assought requiredto bybe law.introduced.

However, a party may proceed to take evidence in support of a divorce by deposition or affidavit without leave of court only in support of a divorce on the grounds set forth in subdivision A (9) of § 20-91, where (i) the parties have resolved all issues by a written settlement agreement, (ii) there are no issues other than the grounds of the divorce itself to be adjudicated, or (iii) the adverse party has been personally served with the complaint and has failed to file a responsive pleading or to make an appearance as required by law.

If either party is incarcerated, neither party shall submit evidence by affidavit without leave of court or the consent in writing of the guardian ad litem for the incarcerated party, or of the incarcerated party if a guardian ad litem is not required pursuant to § 8.01-9.

TheatedThe affidavit shall:

§ 3901 et seq4.seq.);

4.

State whether there were children born or adopted of the marriage minor children either born of neitherthe partyparties, isborn knownof toeither beparty pregnantand fromadopted by the marriage.er,other, or adopted by both parties, and affirm that C.neither party is known to be pregnant from the marriage.

C.

In contemplation of or in a suit for a no-fault divorce under subdivision A (9) of § 20-91, the plaintiff or his attorney may take and file, as applicable, the complaint, the affidavit or deposition, any other associated documents, and the proposed decree contemporaneously, and a divorce may be granted solely on those documents where the defendant has waived service and, where applicable, notice.ntednotice.