Affidavit For Service By Publication-Order Of Publication-Divorce {CCR-H-46-47}

CCR-H-46-47 - AFFIDAVIT FOR SERVICE BY PUBLICATION. These forms are used in the Fairfax Circuit Court when a complainant is unable to serve legal documents to the defendant through standard means. This typically arises in cases such as divorce, where the defendant’s whereabouts are unknown, they are a non-resident, or previous attempts to serve them have failed. The Affidavit for Service by Publication must be completed by the complainant under oath, affirming that diligent efforts have been made to locate the defendant but were unsuccessful. The form provides checkboxes to specify the reason for requesting service by publication, such as the defendant being a non-resident, their whereabouts being unknown despite efforts to locate them, or a sheriff’s return indicating failure to serve them after 21 days. The complainant must also provide the defendant's last known mailing address if available. This affidavit must be notarized by a Notary Public or Deputy Clerk before being submitted to the court. Once the affidavit is filed, the court issues an Order of Publication, which formally directs that notice of the case be published in a newspaper as a substitute for personal service. The order sets a deadline by which the defendant must respond to protect their interests in the case. The court clerk is responsible for ensuring the proper publication of the notice, and the defendant is expected to appear or respond by the given deadline. If the defendant does not respond, the case may proceed without their participation, possibly resulting in a default judgment. www.FormsWorkflow.com