Code of Virginia § 20-40. Punishment for violation of such prohibition; leaving Commonwealth to avoid.

169 words·~1 min read·/va/title-20/chapter-3/20-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 .