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    thomaschalkley's Avatar
    thomaschalkley Posts: 1, Reputation: 1
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    #1

    Nov 10, 2010, 07:31 AM
    How do Summons in the state of Va have to be served?
    Can the separated Wife walk into my house when I am not there and leave a summons on the counter?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Nov 10, 2010, 08:25 AM
    Quote Originally Posted by thomaschalkley View Post
    Can the separated Wife walk into my house when I am not there and leave a summons on the counter?
    I assume she left a summons for divorce, correct? Page 4 of this PDF document:
    http://www.pwcgov.org/docLibrary/PDF/007875.pdf
    Clearly states that you must accept service. She cannot legally leave the papers in your house and consider that service.

    Virginia law also states that if there are no children shared between you under the age of 18, you must be separated for a minimum of six months before being able to file. If there are children, then you must be separated for a full year. You will also need to have a marital property settlement agreement signed by both parties in order to file.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Nov 11, 2010, 09:17 AM

    It depends on the laws of your state. Some require personal service while others don't.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Nov 11, 2010, 10:58 AM

    Here is the relivant Virginia Code... for serving individuals.

    LIS > Code of Virginia > 8.01-296

    It appears that on a Main entrance door is acceptable but not by any means the only way... but not left laying just anyplace. But read the link yourself... its legalese but not that hard to read (not all that easy either). If you have a college level education anyway.

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