Virginia Marriage Laws | § 20-40 | Punishment For Violation Of Such Prohibition; Leaving Commonwealth To Avoid. Marriage Laws

Code of Virginia 20-40

Punishment for violation of such prohibition; leaving Commonwealth to avoid.

If any person marry in violation of § 20-38.1, he shall be confined in jail not exceeding six months, or fined not exceeding $500, in the discretion of the jury. If any persons, resident in the Commonwealth and within the degrees of relationship mentioned in that section, shall go out of the Commonwealth for the purpose of being married, and with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as a married couple, they shall be punished as provided in this section, and the marriage shall be governed by the same law as if it had been solemnized in the Commonwealth. The fact of such cohabitation here shall be evidence of such marriage. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.

Code 1919, §§ 4540, 5089; 1976, c. 356; 2003, c. 99; 2020, c. 900.

Back to Virginia Marriage Laws

More Virginia Marriage Laws

§ 20-14 By whom license to be issued.
§ 20-38.1 Certain marriages prohibited.
§ 20-16 Issuance of marriage licenses and marriage certificates.
§ 20-16.1 Clerk authorized to amend marriage records.
§ 20-25 Persons other than ministers who may perform rites.
§ 20-31.1 When marriage legitimates children; issue of marriages prohibited by law, etc., legitimate.
§ 20-39 Prohibition continues notwithstanding dissolution of previous marriage.
§ 20-43 Bigamous marriages void without decree.
§ 20-45.1 Void and voidable marriages.
§ 20-40 Punishment for violation of such prohibition; leaving Commonwealth to avoid.
§ 20-48 Minimum age of marriage.
§ 20-23 Order authorizing ministers to perform ceremony.
§ Article I. Bill of Rights Section 15-A. Marriage Fundamental right to marry.
§ 20-13 License and solemnization required.
§ 20-15 Tax on license
§ 20-14.1 Duration of license; issuance of additional licenses.
§ 20-20 Clerk to file license and certificate; indexing names of parties; certified copies as evidence.
§ 20-21 Clerk to furnish attorney for the Commonwealth list of licenses not returned by minister.
§ 20-22 Attorney for the Commonwealth to ascertain before circuit court name of minister failing to return certificates.
§ 20-24 Penalty for failure to certify record of marriage.
§ 20-26 Marriage between members of religious society having no minister.
§ 20-28 Penalty for celebrating marriage without license.
§ 20-30 Licenses of persons on federal reservations.
§ 20-31 Belief of parties in lawful marriage validates certain defects.
§ 20-33 Penalty for clerk issuing license contrary to law.
§ 20-37 Validation of certain marriages when license issued by clerk of county court.
§ 20-37.1 Validation of certain marriages solemnized outside of Commonwealth.
§ 32.1-267 Records of marriages; duties of officer issuing marriage license and person officiating at ceremony; blocking of social security number.
§ 20-27 Fee for celebrating marriage.