Virginia § 20-40 - Punishment for violation of such prohibition; leaving Commonwealth to avoid
Full text of Virginia Code of Virginia § 20-40 — Punishment for violation of such prohibition; leaving Commonwealth to avoid, with citation guidance and answers to common questions.
§ 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.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 20-40
What does Code of Virginia § 20-40 cover?
Section 20-40 ("Punishment for violation of such prohibition; leaving Commonwealth to avoid") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 20-40?
A common citation format is "Code of Virginia § 20-40" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 20-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.