Va. Code » Title 20. Domestic Relations » Chapter 3. Unlawful Marriages Generally
Virginia Code

Va. Code Ann. § 20-38.1 (2026)

Certain marriages prohibited

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1980–2024 · leading case: Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011).
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Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011). · cites it 21× “Cole’s argument hinges on his interpretation of Code §§ 20-38.1, 20-43, and 20-45.1, which declare bigamous “marriages” void.”
Lewis v. Lewis, 628 S.E.2d 314 (Va. 2006). · cites it 6× “See Code § 20-38.1 (a marriage entered into prior to the dissolution of a prior marriage of one of the parties is prohibited).”
Bostic v. Rainey, 970 F. Supp. 2d 456 (E.D. Va. 2014). · cites it 4× “Va.Code §§ 20-38.1, 20-45.1 (2014). Their application for a marriage license was denied by the Clerk of the Circuit Court for the City of Norfolk.”
Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014). “§ 20-1-10; Va.Code Ann. § 20-38.1. States’ power to define and regulate marriage also accounts for their differing treatment of same-sex couples.”
Stuart v. Commonwealth, 397 S.E.2d 533 (Va. Ct. App. 1990). · cites it 12× “In this appeal from a bigamy conviction, the defendant contends that (1) he should not have been convicted because he reasonably believed that he was divorced when he married a second time, and (2) he should have been convicted of entering into a prohibited marriage (Code §…”
Richard S. Levick v. Deborah MacDougall, 782 S.E.2d 182 (Va. Ct. App. 2016). · cites it 4× “See Code § 20-38.1 (listing marriages, such as between brother and sister and others, that are prohibited); Code § 20-45.”
Marriage of Cook v. Cook, 104 P.3d 857 (Ariz. Ct. App. 2005). · cites it 2× “See Va.Code Ann. §§ 20-38.1 (1978) and 20-45.”
Kleinfield v. Veruki, 372 S.E.2d 407 (Va. Ct. App. 1988). · cites it 2× “See Code §§ 20-38.1 and 20-45.1(a). A void marriage, unlike a voidable marriage, does not require an action of annulment to render it void.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980). · cites it 3× “*1362 In Virginia, as in most jurisdictions, a presumption exists that a marriage last-in-time is valid, and that any prior marriage was terminated by death or divorce.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “2-366 (Michie 1996); Va. Code Ann. § 20-38.1 (Lexis 2000); Wis.”
Kelderhaus v. Kelderhaus, 467 S.E.2d 303 (Va. Ct. App. 1996). · cites it 2× “2d at 409 (citing Code §§ 20-38.1 and 20-45.1(a)). Bigamous marriages “eonfer[ ] no legal rights” and are “contrary to the laws of Virginia and [its] public policy.”
Lyon Shipyard 401(k) Plan v. Jones (E.D. Va. 2020). · cites it 6× “”) (emphasis added); accord FAMILY LAW: THEORY, PRACTICE, AND FORMS — VIRGINIA PRACTICE SERIES § 2:9 Mental and Physical Incompetence (“Under the common law, marriage to a mental incompetent was held to be void ab initio. However, a majority of states, including Virginia, now…”
Show all 24 citing cases →
— Va. Code Ann. § 20-38.1(1) — 5 cases
Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011). “Cole’s argument hinges on his interpretation of Code §§ 20-38.1, 20-43, and 20-45.1, which declare bigamous “marriages” void.”
Lewis v. Lewis, 628 S.E.2d 314 (Va. 2006). “See Code § 20-38.1 (a marriage entered into prior to the dissolution of a prior marriage of one of the parties is prohibited).”
Stuart v. Commonwealth, 397 S.E.2d 533 (Va. Ct. App. 1990). “In this appeal from a bigamy conviction, the defendant contends that (1) he should not have been convicted because he reasonably believed that he was divorced when he married a second time, and (2) he should have been convicted of entering into a prohibited marriage (Code §…”
Ali Kahil v. Virginia Dep't of Vital Records (Va. Ct. App. 2024).
Tahira Naseer v. Hamid Moghal (Va. Ct. App. 2012).
— Va. Code Ann. § 20-38.1(a)(1) — 3 cases
Lyon Shipyard 401(k) Plan v. Jones (E.D. Va. 2020). “”) (emphasis added); accord FAMILY LAW: THEORY, PRACTICE, AND FORMS — VIRGINIA PRACTICE SERIES § 2:9 Mental and Physical Incompetence (“Under the common law, marriage to a mental incompetent was held to be void ab initio. However, a majority of states, including Virginia, now…”
Michael J. Williams, Jr. v. Carmen B. Williams (Va. Ct. App. 2018).
Lori A. Davidson v. Jackie Lewis Davidson (Va. Ct. App. 2009).
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