{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-40.html"}],"law_id":77159,"edition_id":1,"section_id":77159,"structure_id":15552,"section_number":"20-40","catch_line":"Punishment for violation of such prohibition; leaving Commonwealth to avoid","history":"Code 1919, \u00a7\u00a7 4540, 5089; 1976, c. 356; 2003, c. 99; 2020, c. 900.","full_text":"If any person marry in violation of \u00a7 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.","order_by":null,"text":{"0":{"id":276793,"text":"If any person marry in violation of \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15552,"edition_id":1,"name":"Unlawful Marriages Generally","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:56:16","date_modified":"2026-06-26 03:56:16","permalink":{"id":178293,"object_type":"structure","relational_id":15552,"identifier":"3","token":"20\/3","url":"\/20\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77716,"structure_id":15552,"section_number":"20-38","catch_line":"Repealed","url":"\/20-38\/","token":"20\/3\/20-38","metadata":false},{"id":70728,"structure_id":15552,"section_number":"20-38.1","catch_line":"Certain marriages prohibited","url":"\/20-38.1\/","token":"20\/3\/20-38.1","metadata":false},{"id":82332,"structure_id":15552,"section_number":"20-39","catch_line":"Prohibition continues notwithstanding dissolution of previous marriage","url":"\/20-39\/","token":"20\/3\/20-39","metadata":false},{"id":77159,"structure_id":15552,"section_number":"20-40","catch_line":"Punishment for violation of such prohibition; leaving Commonwealth to avoid","url":"\/20-40\/","token":"20\/3\/20-40","metadata":false},{"id":59324,"structure_id":15552,"section_number":"20-41","catch_line":"Repealed","url":"\/20-41\/","token":"20\/3\/20-41","metadata":false},{"id":64601,"structure_id":15552,"section_number":"20-43","catch_line":"Bigamous marriages void without decree","url":"\/20-43\/","token":"20\/3\/20-43","metadata":false},{"id":74726,"structure_id":15552,"section_number":"20-44","catch_line":"Repealed","url":"\/20-44\/","token":"20\/3\/20-44","metadata":false},{"id":83346,"structure_id":15552,"section_number":"20-45","catch_line":"Repealed","url":"\/20-45\/","token":"20\/3\/20-45","metadata":false},{"id":78040,"structure_id":15552,"section_number":"20-45.1","catch_line":"Void and voidable marriages","url":"\/20-45.1\/","token":"20\/3\/20-45.1","metadata":false},{"id":62016,"structure_id":15552,"section_number":"20-45.2","catch_line":"Repealed","url":"\/20-45.2\/","token":"20\/3\/20-45.2","metadata":false},{"id":84354,"structure_id":15552,"section_number":"20-46","catch_line":"Repealed","url":"\/20-46\/","token":"20\/3\/20-46","metadata":false},{"id":77779,"structure_id":15552,"section_number":"20-48","catch_line":"Minimum age of marriage","url":"\/20-48\/","token":"20\/3\/20-48","metadata":false},{"id":66513,"structure_id":15552,"section_number":"20-49","catch_line":"Repealed","url":"\/20-49\/","token":"20\/3\/20-49","metadata":false}],"previous_section":{"id":82332,"structure_id":15552,"section_number":"20-39","catch_line":"Prohibition continues notwithstanding dissolution of previous marriage","url":"\/20-39\/","token":"20\/3\/20-39","metadata":false},"next_section":{"id":59324,"structure_id":15552,"section_number":"20-41","catch_line":"Repealed","url":"\/20-41\/","token":"20\/3\/20-41","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-40\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 356; in 2003, chapter 99<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":false,"refers_to":[{"id":70728,"section_number":"20-38.1","catch_line":"Certain marriages prohibited","order_by":null,"url":"\/20-38.1\/"}],"permalink":{"id":178307,"object_type":"law","relational_id":77159,"identifier":"20-40","token":"20\/3\/20-40","url":"\/20-40\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-40\/","token":"20\/3\/20-40","dublin_core":{"Title":"Punishment for violation of such prohibition; leaving Commonwealth to avoid","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person marry in violation of \u00a7 20-38.1<\/a>, he shall be confined in jail not exceeding six months, or fined not exceeding $500, in the discretion of the jury<\/span>. 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<\/span> as if it had been solemnized in the Commonwealth. The fact<\/span> of such cohabitation here shall be evidence<\/span> of such marriage. Venue<\/span> 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUNISHMENT FOR VIOLATION OF SUCH PROHIBITION; LEAVING COMMONWEALTH TO AVOID (\u00a7\n20-40)\n\nIf any person marry in violation of \u00a7 20-38.1, he shall be confined in jail not\nexceeding six months, or fined not exceeding $500, in the discretion of the\njury. If any persons, resident in the Commonwealth and within the degrees of\nrelationship mentioned in that section, shall go out of the Commonwealth for the\npurpose of being married, and with the intention of returning, and be married\nout of it, and afterwards return to and reside in it, cohabiting as a married\ncouple, they shall be punished as provided in this section, and the marriage\nshall be governed by the same law as if it had been solemnized in the\nCommonwealth. The fact of such cohabitation here shall be evidence of such\nmarriage. Venue for a violation of this section may be in the county or city\nwhere the subsequent marriage occurred or where the parties to the subsequent\nmarriage cohabited.\n\nHISTORY: Code 1919, \u00a7\u00a7 4540, 5089; 1976, c. 356; 2003, c. 99; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}