§56-3-26. Rehearing in case of nonpersonal service.
Any unknown party or other defendant who was not served with
process in this state, and did not appear in the case before the
date of such judgment, decree or order or the representative of
such, may, within two years from that date, if he be not served
with a copy of such judgment, decree or order more than eight
months before the end of such two years, and if he was so served,
then within eight months from the time of such service, file his
petition to have the proceedings reheard in the manner and form
provided by section forty-three, article seven, chapter thirty-
eight of this code, and not otherwise; and all the provisions of
that section are hereby made applicable to proceedings under this
section: Provided, however,
That nothing contained in that section
or in this section shall be so construed as to authorize any court
or judge to include, in the decree granted in a divorce suit, any
prohibition against the remarriage of either party thereto, except
such prohibition as may be authorized by the provisions of section
twenty-two, article two, chapter forty-eight of this code.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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