Affidavits; use in no-fault divorce cases. (HB126)
Introduced By
Del. Terry Kilgore (R-Gate City) with support from co-patron Del. Scott Surovell (D-Fairfax)
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Use of affidavits in no-fault divorce cases. Allows parties to submit evidence supporting the grounds for a no-fault divorce by affidavit or deposition, without leave of court, in lieu of oral testimony 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 properly served and has failed to file a responsive pleading or make an appearance as required by law. The bill sets out the required contents of both the affidavit of a party and the affidavit of a corroborating witness. Amends § 20-106 (“Testimony may be required to be given orally; how certified; same footing as deposition.”), of the Code of Virginia. View Full Text »
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