dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-172. Proceedings pending before tribunal; status report.
A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection D and §§ 20-173 and 20-174, the filing operates as an application for a stay of the proceeding.

B. In the event that a stay is not granted by the tribunal, the proceeding shall be nonsuited by the parties before the collaborative law process may continue.

C. In the event that a stay of the proceeding is granted by the tribunal, the parties shall promptly file with the tribunal a notice in a record when their collaborative law process concludes. A stay of the proceeding under subsection A is lifted when the notice is filed. The notice shall not specify any reason for termination of the process.

D. A tribunal in which a proceeding is stayed under subsection A may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

E. A tribunal shall not consider a communication made in violation of subsection D.

F. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-173. Emergency order.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a party's family or household member.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-174. Affirmation of agreement by tribunal.
A tribunal may affirm, ratify, and incorporate into a court order any agreement resulting from a collaborative law process.

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception.
A. Except as otherwise provided in subsection C, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.

B. Except as otherwise provided in subsection C and § 20-176, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection A.

C. A collaborative lawyer or another lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

1. To ask a tribunal to affirm, ratify, and incorporate any agreement resulting from the collaborative law process into a court order;

2. To ask a tribunal to enter any order necessary to effectuate the terms of any agreement resulting from the collaborative law process; or

3. To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a party's family or household member, if a successor lawyer is not immediately available to represent such person.

D. If subdivision C 3 applies, a collaborative lawyer, or another lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or a party's family or household member only until such person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-176. Low-income parties; exception from imputed disqualification.
A. The disqualification provisions of § 20-175 apply to a collaborative lawyer representing a party with or without fee.

B. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified pursuant to § 20-175 is associated may represent a party without fee in the collaborative matter or a matter related to such collaborative matter if:

1. The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

2. The collaborative law participation agreement so provides for such subsequent representation; and

3. The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-177. Disclosure of information.
Except as otherwise provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without the requirement of the formal discovery procedures set forth in Part 4 of the Rules of Supreme Court of Virginia. A party shall also promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-178. Standards of professional responsibility and mandatory reporting not affected.
This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the laws of the Commonwealth.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-179. Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;

2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and

3. Advise the prospective party that:

a. After signing a collaborative law participation agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

b. Participation in a collaborative law process is voluntary, and any party has the right to unilaterally terminate a collaborative law process with or without cause; and

c. The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of § 20-175 or by § 20-176.

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-180. History of family abuse.
A. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether there exists a history of family abuse between the prospective parties.

B. Throughout a collaborative law process, a collaborative lawyer shall reasonably and continuously assess whether there exists a history of family abuse between the parties.

C. If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of family abuse with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless (i) the party or the prospective party requests beginning or continuing the process and (ii) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-181. Confidentiality of collaborative law communication.
A collaborative law communication is confidential to the extent agreed upon by the parties in a signed record or as provided by another law of the Commonwealth.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery.
A. Subject to §§ 20-183 and 20-184, a collaborative law communication is privileged under subsection B, is not subject to discovery, and is not admissible in evidence.

B. In a proceeding, the following privileges apply:

1. A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

2. A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

C. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-183. Waiver and preclusion of privilege.
A. A privilege under § 20-182 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by such participant.

B. A person who makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding shall not assert a privilege under § 20-182; such preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-184. Limits of privilege.
A. There is no privilege under § 20-182 for a collaborative law communication that is:

1. Available to the public;

2. A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

3. Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

4. In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

B. The privileges under § 20-182 for a collaborative law communication do not apply to the extent that a communication is:

1. Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

2. Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services or adult protective services unit of the local department of social services is a party to or otherwise participates in the process.

C. There is no privilege under § 20-182 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in (i) a court proceeding involving a felony or misdemeanor or (ii) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

D. If a collaborative law communication is subject to an exception under subsection B or C, only the part of the communication necessary for the application of the exception may be disclosed or admitted.

E. Disclosure or admission of evidence excepted from the privilege under subsection B or C does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

F. The privileges under § 20-182 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person who did not receive actual notice of the agreement that all or part of a collaborative law process is not privileged before the communication was made.

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-185. Authority of tribunal in case of noncompliance.
A. If a collaborative law participation agreement fails to meet the requirements of § 20-170, or a lawyer fails to comply with § 20-179 or 20-180, a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into a collaborative law participation agreement and (ii) reasonably believed they were participating in a collaborative law process.

B. If a tribunal makes the findings specified in subsection A, and the interests of justice require, the tribunal may (i) enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated, (ii) apply the disqualification provisions of § 20-175, and (iii) apply a privilege under § 20-182.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-186. Uniformity of application and construction.
In applying and construing this uniform chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

2021, Sp. Sess. I, c. 346.

Code of Virginia — Title 20 (Domestic Relations), Chapter 11 (Uniform Collaborative Law Act)
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

2021, Sp. Sess. I, c. 346.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-13. License and solemnization required.
Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided.

Code 1919, § 5071.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-13.1. Repealed.
Repealed by Acts 1995, c. 355, cl. 2.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-13.2. Marriage lawful regardless of sex, gender, or race of parties.
No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.

Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.

2024, cc. 21, 760.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-14. By whom license to be issued.
Every license for a marriage shall be issued by the clerk or deputy clerk of a circuit court of any county or city. If from any cause neither the clerk nor his deputy is able to issue the license, it may be issued by the judge of the circuit court of such county, or city, who shall make return thereof to the clerk as soon as there may be one.

Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1968, c. 318; 1977, c. 102; 1995, c. 355.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-14.1. Duration of license; issuance of additional licenses.
Every marriage license issued under § 20-14 shall constitute authority for a period of only sixty days from the date of issuance for the solemnization of a marriage of the licensees. Whenever such sixty-day period shall have elapsed without the solemnization of a marriage of the licensees, the license shall expire.

The provisions of this section shall not be construed to prevent licensees from applying for or receiving an additional license, either before or after expiration of any license, but no new license shall be issued except in compliance with all provisions of law applicable to the issuance of a license in the first instance.

1958, c. 8; 1968, c. 318.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-14.2. Repealed.
Repealed by Acts 2012, c. 802, cl. 2.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-15. Tax on license.
On each marriage license issued under § 20-14 there is hereby levied a license tax of $20, which tax shall be collected by the clerk when the license is issued and accounted for as in the case of other state taxes collected by him. Ten dollars of this license tax shall be allocated to the Virginia Department of Social Services for the purpose of providing services to victims of domestic violence.

Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1975, c. 119; 1982, c. 305; 1993, c. 887; 2004, c. 375.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-16. Issuance of marriage licenses and marriage certificates.
The clerk issuing any marriage license shall require the parties contemplating marriage to state, under oath, the information required to complete the application for marriage license. The parties shall be able to designate themselves on the application for marriage license as spouse, bride, or groom. The clerk shall provide the parties with two copies of the marriage certificate to be completed by the marriage officiant, who shall return the completed certificates to the clerk after the marriage ceremony of the parties. The clerk shall retain one copy of the completed marriage certificate and provide the other copy to the State Registrar of Vital Records. The clerk may provide the parties with a commemorative marriage certificate and the parties may request a certified copy of the official marriage certificate as provided in Article 7 (§ 32.1-270 et seq.) of Chapter 7 of Title 32.1. For the purposes of this section any statement made by such applicant, under oath, concerning the information to be entered on the application for marriage license is hereby declared to be a material matter or thing in any prosecution for perjury for any violation of this section.

Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1968, c. 318; 2015, c. 708.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-16.1. Clerk authorized to amend marriage records.
The clerk (i) may, on his own authority, correct marriage records established in his office by amending the same upon application under oath and submission of evidence deemed by the clerk to be adequate and sufficient and (ii) shall correct such records upon order of the court in which the marriage record was established. Upon correction of a marriage record the clerk shall forward to the State Registrar a certified copy of the corrected marriage record.

1988, c. 54.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-17. Repealed.
Repealed by Acts 1968, c. 318.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-20. Clerk to file license and certificate; indexing names of parties; certified copies as evidence.
The clerk to whom the license and certificate are returned, shall file and preserve the original in his office, and make an index of the names of both of the parties married.

When the certificates of such person celebrating such marriage are returned to the clerk, and recorded as provided in this section and § 32.1-267, copies of the same properly certified by the clerk lawfully having the custody thereof or properly certified by the State Registrar of Vital Records shall be prima facie evidence of the facts therein set forth in all courts of this Commonwealth.

Code 1919, §§ 5074, 5076; 1928, p. 315; 1938, p. 152; 1968, c. 318.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-21. Clerk to furnish attorney for the Commonwealth list of licenses not returned by minister.
It shall be the duty of every clerk issuing marriage licenses no later than March 31 of each year to furnish to the attorney for the Commonwealth of his county or city a list of all marriage licenses issued during the preceding calendar year that have not been returned by the minister or other person celebrating the marriage.

Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 2000, cc. 31, 214.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-22. Attorney for the Commonwealth to ascertain before circuit court name of minister failing to return certificates.
It shall be the duty of the attorney for the Commonwealth for each county and city, upon the receipt from the clerk of the list required by § 20-21, to have such person or persons as he may think proper summoned before the circuit court of his county or city to ascertain the name of the minister or other person celebrating such marriage and failing to return the license and certificates to the clerk as required by § 32.1-267.

Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1979, c. 502.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-23. Order authorizing ministers to perform ceremony.
When a minister of any religious denomination produces before the circuit court of any county or city in the Commonwealth, or before the judge of such court or before the clerk of such court at any time, proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member, or proof that he is commissioned to pastoral ministry or holds a local minister's license and is serving as a regularly appointed pastor in his denomination, such court, or the judge thereof, or the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in the Commonwealth. Any order made under this section may be rescinded at any time by the court or by the judge thereof. No oath shall be required of a minister authorized to celebrate the rites of matrimony, nor shall such minister be considered an officer of the Commonwealth by virtue of such authorization.

Code 1919, §§ 5079, 5080; 1962, c. 362; 1980, c. 154; 1981, c. 295; 2012, c. 565; 2016, c. 611.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-24. Penalty for failure to certify record of marriage.
If any minister authorized to celebrate rites of marriage under § 20-23, or any other person so authorized under § 20-25, shall fail to comply with § 32.1-267, the penalty shall be $25.

Code 1919, § 5093; 1979, c. 502; 1981, c. 298; 2025, c. 104.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-25. Persons other than ministers who may perform rites.
Upon petition filed with the clerk and payment of applicable clerk's fees, any circuit court judge may issue an order authorizing one or more persons resident in the circuit in which the judge sits to celebrate the rites of marriage in the Commonwealth. Any person so authorized shall, before acting, enter into bond in the penalty of $500, with or without surety, as the court may direct; however, upon a showing that the person would otherwise be qualified for in forma pauperis status, the court may waive such bond. Any order made under this section may be rescinded at any time. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.

Any judge or justice of a court of record, any judge of a district court, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, or any current or former (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, (iv) Attorney General of Virginia, (v) Virginia member of the United States Senate or United States House of Representatives, or (vi) clerk of a circuit court of the Commonwealth who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.

Code 1919, § 5080; 1938, c. 152; 1981, c. 295; 1981, Sp. Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228; 2004, cc. 612, 680; 2012, c. 802; 2016, c. 611; 2021, Sp. Sess. I, c. 87; 2023, c. 789; 2024, cc. 412, 499.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-26. Marriage between members of religious society having no minister.
Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages; such person chosen by the society for this purpose shall be required to execute a bond in the penalty of $500, with surety. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.

Code 1919, § 5081; 1968, c. 318; 1981, c. 295; 2016, c. 611.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-27. Fee for celebrating marriage.
Any person authorized under § 20-25 to celebrate the rites of marriage shall be permitted to charge the parties a fee for the ceremony not to exceed $75 for each ceremony. Such person and parties may negotiate payment for any additional services agreed to by the celebrant and the parties. Additionally, such person shall be permitted to charge the parties travel expenses to and from the marriage site. If conveyance is by public transportation, reimbursement shall be at the actual cost thereof. If conveyance is by private transportation, reimbursement shall be at the rate specified in the current general appropriations act of the Commonwealth. In either event, the actual cost of the ceremony together with travel expenses shall be given to the parties at least three days prior to the marriage ceremony.

Code 1919, § 5083; 1970, c. 362; 1975, c. 644; 1993, cc. 941, 966; 2006, c. 625; 2014, c. 529; 2020, c. 181.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-28. Penalty for celebrating marriage without license.
If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

Code 1919, § 4542.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-29. Repealed.
Repealed by Acts 1975, c. 644.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-30. Licenses of persons on federal reservations.
The clerks of the circuit courts of any counties or their deputies and the clerks of the circuit courts of any cities or their deputies are authorized to issue marriage licenses in conformity with the law now governing the same, to any persons desiring to be married on any of the government reservations of this Commonwealth, lying within their respective counties and which reservations were before the acquisition thereof part of the political territory of this Commonwealth, and any marriage ceremony performed on such reservations shall be as legal to all intents and purposes as if performed in any county or city of the Commonwealth, if the person performing the ceremony was qualified to so act.

All marriages heretofore solemnized within the limits of any such reservations are hereby ratified and legalized to all intents and purposes as if performed in any county or city of the Commonwealth.

1930, p. 701; Michie Code 1942, § 5077a.
Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-31. Belief of parties in lawful marriage validates certain defects.
No marriage solemnized under a license issued in this Commonwealth by any person professing to be authorized to solemnize the same shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of authority in such person, or any defect, omission or imperfection in such license, if the marriage be in all other respects lawful, and be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

Code 1919, § 5082.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-31.1. When marriage legitimates children; issue of marriages prohibited by law, etc., legitimate.
If a person, having had a child, shall afterwards intermarry with the mother or father, such child if recognized by both of them, as their own child, jointly or separately, before or after marriage, shall be deemed legitimate.

The issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate.

1978, c. 647.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-32. Repealed.
Repealed by Acts 2010, c. 352, cl. 2.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-33. Penalty for clerk issuing license contrary to law.
If any clerk of a court knowingly issue a marriage license contrary to law, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

Code 1919, § 4541.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-34. Repealed.
Repealed by Acts 1968, c. 318.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-37. Validation of certain marriages when license issued by clerk of county court.
All marriages of females residing within jurisdiction of a corporation court, which were solemnized prior to February 1, 1904, by virtue of a license issued by the clerk of the court of the county wherein a city was or is situated, shall be as valid as if such license had been issued by the clerk of such corporation court.

Code 1919, § 5073.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-37.1. Validation of certain marriages solemnized outside of Commonwealth.
All marriages heretofore solemnized outside this Commonwealth by a minister authorized to celebrate the rites of marriage in this Commonwealth, under a license issued in this Commonwealth, and showing on the application therefor the place out of this Commonwealth where said marriage is to be performed, shall be valid as if such marriage had been performed in this Commonwealth.

1952, c. 133.

Code of Virginia — Title 20 (Domestic Relations), Chapter 2 (Marriage Generally)
§ 20-37.2. Repealed.
Repealed by Acts 1977, c. 624.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-38. Repealed.
Repealed by Acts 1975, c. 644.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 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.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 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.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 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.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-41. Repealed.
Repealed by Acts 1975, c. 589.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 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.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-44. Repealed.
Repealed by Acts 1975, c. 589.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-45. Repealed.
Repealed by Acts 1975, c. 644.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 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 (i) 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 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 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; 2024, c. 737.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-45.2. Repealed.
Repealed by Acts 2020, cc. 75 and 195, cl. 1, and c. 900, cl. 2.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-46. Repealed.
Repealed by Acts 1985, c. 421.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-48. Minimum age of marriage.
The minimum age at which persons may marry shall be 18.

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; 2024, c. 737.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3 (UNLAWFUL MARRIAGES GENERALLY)
§ 20-49. Repealed.
Repealed by Acts 2016, cc. 457 and 543, cl. 2.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.10. Relief from legal determination of paternity.
An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.

A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

2001, c. 814.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.2. Commencement of action; parties; jurisdiction.
Proceedings under this chapter may be instituted upon petition, verified by oath or affirmation, filed by a child, a parent, a person claiming parentage, a person standing in loco parentis to the child or having legal custody of the child or a representative of the Department of Social Services or the Department of Juvenile Justice.

The child may be made a party to the action, and if he is a minor and is made a party, he shall be represented by a guardian ad litem appointed by the court in accordance with the procedures specified in § 16.1-266 or § 8.01-9. The child's mother or father may not represent the child as guardian or otherwise. The determination of the court under the provisions of this chapter shall not be binding on any person who is not a party.

The circuit courts shall have concurrent original jurisdiction of cases arising under this chapter with the juvenile and domestic relations district courts when the parentage of a child is at issue in any matter otherwise before the circuit court. The determination of parentage, when raised in any proceeding, shall be governed by this chapter.

1988, cc. 866, 878; 1989, c. 368; 2008, cc. 164, 201.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.3. Admission of genetic tests.
A. In the trial of any matter in any court in which the question of parentage arises, the court, upon its own motion or upon motion of either party, may and, in cases in which child support is in issue, shall direct and order that the alleged parents and the child submit to scientifically reliable genetic tests including blood tests. The motion of a party shall be accompanied by a sworn statement either (i) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or (ii) denying paternity.

B. The court shall require the person requesting such genetic test, including a blood test, to pay the cost. However, if such person is indigent, the Commonwealth shall pay for the test. The court may, in its discretion, assess the costs of the test to the party or parties determined to be the parent or parents.

C. The results of a scientifically reliable genetic test, including a blood test, may be admitted in evidence when contained in a written report prepared and sworn to by a duly qualified expert, provided the written results are filed with the clerk of the court hearing the case at least fifteen days prior to the hearing or trial. Verified documentary evidence of the chain of custody of the blood specimens is competent evidence to establish the chain of custody. Any qualified expert performing such test outside the Commonwealth shall consent to service of process through the Secretary of the Commonwealth by filing with the clerk of the court the written results. Upon motion of any party in interest, the court may require the person making the analysis to appear as a witness and be subject to cross-examination, provided that the motion is made at least seven days prior to the hearing or trial. The court may require the person making the motion to pay into court the anticipated costs and fees of the witness or adequate security for such costs and fees.

1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.4. Evidence relating to parentage.
The standard of proof in any action to establish parentage shall be by clear and convincing evidence. Any statements made by a parent in a proceeding held pursuant to this chapter shall be inadmissible in a subsequent criminal proceeding relating to the conception of a child, except for purposes of impeachment. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following:

1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;

2. Medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. If a person has been identified by the mother as the putative father of the child, the court may, and upon request of a party shall, require the child, the known parent, and the alleged parent to submit to appropriate tests;

3. The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;

4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent's surname by the child;

5. Evidence of the alleged parent claiming the child as his child on any statement, tax return or other document filed by him with any state, local or federal government or any agency thereof;

6. A true copy of an acknowledgment pursuant to § 20-49.5; and

7. An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6.

1988, cc. 866, 878; 1992, c. 516; 2025, c. 547.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.5. Support of children of unwed parents by the father; testimony under oath.
Whenever in any legal proceedings a man voluntarily testifies under oath or affirmation that he is the father of a child whose parents are not married, or are not married to each other, the court may require that he complete an acknowledgment of paternity on a form provided by the Department of Social Services. This acknowledgment shall be sent by the clerk of the court within thirty days of completion to the Department of Social Services.

In any proceeding under this chapter, the petitioner may request a true copy of this form from the Department of Social Services and the Department shall remit such form to the court where the petition has been filed. Such true copy of an acknowledgment of paternity shall then be admissible in any proceeding under this chapter.

1988, cc. 866, 878.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.6. Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen.
In any proceeding to establish or enforce an obligation for support and maintenance of a child of unwed parents, a male between the ages of fourteen and eighteen who is represented by a guardian ad litem pursuant to § 8.01-9 and who has not otherwise been emancipated shall not be deemed to be under a disability as provided in § 8.01-2. The court may enter an order establishing the paternity of the child based upon an admission of paternity by such male made under oath before the court or upon such other evidence as may be sufficient in law to support a finding of paternity. The order may provide for support and maintenance of the child by the father and shall be enforceable as if the father were an adult.

1988, cc. 866, 878.

Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.7. Civil actions.
An action brought under this chapter is a civil action. The natural parent and the alleged parent are competent to testify. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth shall not be privileged. Bills for expenses incurred for pregnancy, childbirth and genetic testing shall be admissible as prima facie evidence of the facts stated therein, without requiring third-party foundation testimony if the party offering such evidence is under oath.

1988, cc. 866, 878; 1997, cc. 792, 896.
Code of Virginia — Title 20 (Domestic Relations), Chapter 3.1 (Proceedings to Determine Parentage)
§ 20-49.9. Repealed.
Repealed by Acts 2002, c. 747, cl. 10, effective October 1, 2002.
Code of Virginia — Title 20 (Domestic Relations), Chapter 4 (COLORED PERSONS; MARRIAGE BETWEEN WHITE AND COLORED PERSONS [Repealed])
§ 20-50. Repealed.
Repealed by Acts 1968, c. 318.