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Marriage law in West Virginia governs the legal recognition and regulation of marriage relationships within the state. West Virginia follows civil law requirements for marriage, meaning couples must comply with certain legal processes for a marriage to be valid. The state specifies who can marry, the minimum age for marriage, required documentation, and other legalities such as prohibited degrees of kinship and consent requirements. Understanding these laws is crucial whether you are getting married for the first time, remarrying, or facing issues related to marriage legality in West Virginia.
While many couples complete the marriage process without legal assistance, there are several situations where consulting a lawyer is valuable. Common scenarios include:
West Virginia’s marriage laws specify that both parties must be at least 18 years old, though 16 and 17-year-olds can marry with parental consent and, in some cases, court approval. Marriage licenses are issued by county clerks, and there is no waiting period or mandatory blood test required. Same-sex marriage is legal in West Virginia and recognized in all counties. Certain close blood relatives cannot legally marry, including siblings and parent-child relationships, but some cousins may legally wed. Proxy marriages are not permitted, meaning both parties must be present. The state also requires that marriages are solemnized by an authorized officiant, such as a judge or ordained minister, and properly recorded.
You must be at least 18 years old to marry without restriction. Sixteen and seventeen-year-olds may marry with notarized parental consent and, in certain cases, court approval. Anyone under 16 cannot legally marry except under rare exceptions with court order.
No, residency is not required. Anyone can marry in West Virginia, provided they follow the state's legal requirements.
Marriage licenses are issued at county clerk offices. The license is valid for sixty days and must be used within that period in West Virginia.
Both parties must provide government-issued photo identification (such as a driver’s license or passport), Social Security numbers, and, if previously married, documentation of divorce or death of a prior spouse.
No, there is no waiting period. You may marry immediately after receiving your license.
West Virginia does not require blood tests for marriage.
Yes, same-sex marriage is legal and fully recognized throughout West Virginia.
Certain relatives, such as siblings or parent-child, cannot marry. First cousins can marry under West Virginia law.
Judges, religious officiants (such as priests, ministers, rabbis), and certain public officials may legally perform marriages in West Virginia.
Certified copies of marriage certificates can be obtained from the county clerk's office where your marriage license was issued. There may be a small fee.
For those seeking further guidance, these resources can be helpful:
If you need legal support regarding marriage in West Virginia, it is wise to gather all relevant documents such as identification, divorce decrees, or prior marriage records. Contact your local county clerk’s office for procedural guidance on license application. For personalized legal counsel, consult a family law attorney familiar with West Virginia marriage statutes who can explain your options, draft legal documents, or represent you as needed. If affordability is a concern, reach out to community legal aid organizations that may provide free or reduced-cost assistance. Act promptly if facing deadlines or urgent situations, such as upcoming ceremonies or legal disputes.
