12.3 The Virginia Long-arm Statute

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

12.3 THE VIRGINIA LONG-ARM STATUTE

12.301 Relationship with Constitutional Framework. Under the older rule of Pennoyer v. Neff,45 states were unable to exercise personal jurisdiction over a nonresident defendant who received process outside of the forum state. However, as the United States Supreme Court modified the rule in cases such as International Shoe Co. v. Washington, ⁴⁶ it became clear that states were constitutionally permitted to obtain personal jurisdiction over certain nonresident defendants whose activities in Virginia were significant or whose activities outside Virginia caused significant consequences in Virginia. Along with many other states, Virginia enacted a long-arm statute that allows Virginia courts to exercise in personam jurisdiction to the maximum extent permitted by the United States Constitution.

12.302 Long-Arm Jurisdiction in Domestic Relations Matters. In domestic relations matters, several different activities will bring the nonresident defendant within the reach of...