Code of Virginia

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Code of Virginia
Title 20. Domestic Relations
Chapter 3. Unlawful Marriages Generally
5/18/2022

Chapter 3. Unlawful Marriages Generally.

§ 20-38. Repealed.

Repealed by Acts 1975, c. 644.

§ 20-38.1. Certain marriages prohibited.

The following marriages are prohibited:

1. A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

2. A marriage between an ancestor and descendant, or between siblings, whether the relationship is by the half or the whole blood or by adoption;

3. A marriage between an uncle or aunt and a nephew or niece, whether the relationship is by the half or the whole blood.

1975, c. 644; 1978, c. 647; 2020, c. 900.

§ 20-39. Prohibition continues notwithstanding dissolution of previous marriage.

In the cases mentioned in § 20-38.1, in which the relationship is founded on a marriage, the prohibition shall continue in force, notwithstanding the dissolution of such marriage by death or by divorce, unless the divorce be for a cause which made the marriage originally unlawful or void.

Code 1919, § 5086; 1976, c. 356.

§ 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.

§ 20-41. Repealed.

Repealed by Acts 1975, c. 589.

§ 20-43. Bigamous marriages void without decree.

All marriages that are prohibited by law on account of either of the parties having a former spouse then living shall be absolutely void, without any decree of divorce or other legal process.

Code 1919, § 5087; 2020, c. 900.

§ 20-44. Repealed.

Repealed by Acts 1975, c. 589.

§ 20-45. Repealed.

Repealed by Acts 1975, c. 644.

§ 20-45.1. Void and voidable marriages.

A. All marriages that are prohibited by § 20-38.1 are void.

B. All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.

C. All marriages solemnized on or after July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.

1975, c. 644; 2016, cc. 457, 543.

§ 20-45.2. Repealed.

Repealed by Acts 2020, cc. 75 and 195, cl. 1, and c. 900, cl. 2.

§ 20-46. Repealed.

Repealed by Acts 1985, c. 421.

§ 20-48. Minimum age of marriage.

The minimum age at which persons may marry shall be 18, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation.

Code 1919, § 5090; 1932, p. 529; 1942, p. 230; 1946, p. 500; 1960, c. 363; 1972, c. 823; 1974, cc. 44, 45; 1975, c. 644; 1989, c. 733; 2008, cc. 174, 206; 2016, cc. 457, 543.

§ 20-49. Repealed.

Repealed by Acts 2016, cc. 457 and 543, cl. 2.