Marriage License

To obtain a copy of a Marriage Certificate please fill out the form below.

Marriage Certificate Application

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Marriage License Requirements

To obtain a marriage license in West Virginia, couples must adhere to specific rules and requirements outlined in the West Virginia Code, particularly under Chapter 48 (Domestic Relations), Article 2 (Marriages). Below is an explanation of the key rules, including relevant code sections where applicable, as of February 28, 2025.

1. Application Process

In-Person Requirement: Both parties must apply together in person at a County Clerk’s office. Online or mail applications are not permitted (West Virginia Code §48-2-102).

Where to Apply:  Residents of West Virginia should apply in the county where at least one of them resides.  Non-residents can apply in any county within the state (West Virginia Code §48-2-102(a)).

Timing: Licenses are issued when the County Clerk’s office is open for business (West Virginia Code §48-2-102(b)).

2. Age Requirements

Age of Consent: The legal age to marry without consent is 18 years old (West Virginia Code §48-2-301(a)).

Minors:  Applicants aged 16 or 17 require written, notarized consent from their custodial parent(s) or legal guardian. If parents share custody, both must consent; if one has sole custody, only that parent’s consent is needed (West Virginia Code §48-2-301).

Those under 16 cannot obtain a marriage license unless a circuit court judge issues an order deeming it in the applicant’s best interest, accompanied by parental or guardian consent (West Virginia Code §48-2-301).

A minor aged 16 or 17 cannot marry someone more than four years older (West Virginia Code §48-2-301).

Waiting Period for Minors: If either applicant is under 18, there is a two-day waiting period after filing the application before the license can be issued, unless waived due to emergency or extraordinary circumstances (West Virginia Code §48-2-103).

3. Identification and Documentation

Valid ID: Both applicants must provide proof of age with valid identification (e.g., driver’s license, passport, birth certificate, military ID, or West Virginia ID card).

Social Security Numbers: Applicants must provide their Social Security numbers. For legal aliens without a Social Security number, a tourist/visitor visa number or equivalent is required (West Virginia Code §48-2-104(b)).

Previous Marriages: If either party was previously married, they must provide the exact date the prior marriage ended (via divorce, death, or annulment). If divorced within the last six months, some counties may require a copy of the divorce decree (county-specific practice, not explicitly mandated by state code).

4. Fees

Standard Fee: The base fee for a marriage license is typically $57.

Discount for Premarital Education: The fee is reduced by $20 (e.g., $37) if the couple completes a premarital education course of at least four hours within 12 months prior to applying and submits a signed, dated certificate from the provider (West Virginia Code §48-2-701).

Payment: Cash, Credit/Debit card; checks.

5. Prohibitions on Marriage

Blood Relatives: Marriage is prohibited between individuals related within certain degrees (e.g., parents, grandparents, siblings, aunts/uncles, nieces/nephews). First cousins may marry only if not related by blood (e.g., through adoption), subject to judicial review if necessary (West Virginia Code §48-2-302).

Proxy Marriages: Marriage-by-proxy is not allowed; both parties must be physically present at the ceremony.

6. License Validity and Use

Validity Period: The marriage license is valid for 60 days from the date of issuance. If not used within this period, it becomes void, and a new application and fee are required (West Virginia Code §48-2-404(c)).

Geographic Scope: The license is valid only for ceremonies performed within West Virginia, regardless of the issuing county.

No Waiting Period (for Adults): For applicants 18 and older, there is no waiting period; the license is effective immediately upon issuance.

7. Ceremony and Officiants

Authorized Officiants: The ceremony must be performed by a religious representative registered with the West Virginia Secretary of State, a family court judge, a circuit judge, or a justice of the Supreme Court of Appeals (West Virginia Code §48-2-402).

Witnesses: No witnesses are required by state law.

Return of License: After the ceremony, the officiant must endorse the license with the date, time, and place of the marriage and return it to the issuing County Clerk by the sixth day of the following month (West Virginia Code §48-2-404(b)).

8. Additional Notes

No Blood Test: West Virginia does not require a blood test for a marriage license.

No Common-Law Marriage: The state does not recognize new common-law marriages formed within its borders, though it acknowledges those legally established out-of-state.

Marriage Certificate: After the license is returned and registered, a certified copy can be requested from the issuing County Clerk for $5. Only the married individuals, their children, or grandchildren can request copies, as West Virginia is not an open-records state.

Relevant West Virginia Code Sections

§48-2-101: Requirement for a marriage license.

§48-2-102: Where and when to apply for a license.

§48-2-103: Waiting period for minors or emergencies.

§48-2-104: Contents of the marriage license application.

§48-2-301: Age of consent and exceptions.

§48-2-302: Prohibition on marrying close relatives.

§48-2-402: Authorized officiants.

§48-2-404: License validity and return requirements.

§48-2-701: Premarital education discount.

These rules ensure that marriages in West Virginia are legally recognized and properly documented. For the most accurate and up-to-date information, contact the specific County Clerk’s office where you plan to apply, as minor procedural variations may exist between counties.