Nicoli v. Nicoli

BY JUDGE THOMAS D. HORNE

The defendant has moved the Court in this divorce proceeding to quash process and to set aside the Final Decree of Divorce entered on July 28,2004. She complains, inter alia, that the Decree was entered contrary to the provisions of Va. Code Ann. § 8.01-296(b) and is void.

Service of process of the Bill of Complaint was effected by posting. However, the complainant failed to mail process or to provide the alternative statutory notice prior to the entry of judgment by default. It is axiomatic that the bill may not be taken for confessed in a divorce proceeding. Va. Sup.…