How to Get Married in West Virginia: License, Ceremony, Certificate

To get married in West Virginia, both parties must appear together at any County Clerk’s office, apply for a marriage license, pay the $57 fee, and then have an authorized officiant perform the ceremony within 60 days. After the ceremony, the officiant signs and returns the license to the issuing clerk, who records the marriage and makes certified copies available. A ceremony held without a valid license is legally void.1West Virginia Legislature. West Virginia Code 48-2-101 – Marriage License Required

Who Can Legally Marry in West Virginia

Both parties must be at least 18 to marry on their own authority. A 16- or 17-year-old may marry with written consent from a custodial parent or legal guardian and must also sign an affirmation that the marriage is entered into freely and voluntarily.2West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception Even with consent, no one under 18 may marry a person more than four years older. When a court-appointed guardian gives consent instead of a parent, a certified copy of the guardianship appointment is required.3Jefferson County Commission. Applying for a Marriage License There is no path to marriage for anyone under 16.

State law prohibits marriage between close blood relatives: parents, grandparents, siblings, half-siblings, aunts, uncles, nieces, nephews, and first cousins.4West Virginia Legislature. West Virginia Code 48-2-302 – Prohibition Against Marriage of Persons Related Within Certain Degrees This restriction applies to blood relationships only; cousins related solely through adoption may be permitted to marry.5West Virginia Legislature. West Virginia Code 48-2-303 – Prohibition Against Marriage Not to Include Persons Related by Adoption Neither party can be currently married to someone else.

Applying for the Marriage License

You can apply at any County Clerk’s office in West Virginia, regardless of where you live or where the ceremony will take place.6West Virginia Legislature. West Virginia Code 48-2 – Marriages – Section: Part 2. Marriage License Both applicants must appear together and sign the application under oath before the clerk.

What the Application Asks For

The application collects the following from each applicant:7West Virginia Legislature. West Virginia Code 48-2-104 – Application for Marriage License

  • Full legal name
  • Social Security number (or a tourist or visitor visa number for a legal alien without one)
  • Date and place of birth
  • Current address
  • Parents’ full names at birth, including the mother’s maiden name, and their birthplaces
  • Whether you completed an approved premarital education course within the past 12 months

Proof of Age

The statute accepts a certified birth certificate, a driver’s or operator’s license, a voter registration card, a sworn affidavit from both parents or a legal guardian, or other evidence the clerk finds sufficient.8West Virginia Legislature. West Virginia Code 48-2-106 – Evidence of Age Most county offices in practice ask for a current government-issued photo ID such as a driver’s license, state ID, passport, or military ID. Photo identification is the simplest option, though not strictly required by law.

If You’ve Been Married Before

You must give the exact month, day, and year the prior marriage ended and how it ended: divorce, death, or annulment.3Jefferson County Commission. Applying for a Marriage License Some counties want to see the divorce decree or death certificate itself, so bring a copy if you have one.

Fee and the Premarital Education Discount

The license fee is $57. It drops to $37 if you complete an approved premarital education course of at least four hours within the 12 months before applying.9West Virginia Legislature. West Virginia Code 48-2-701 – Premarital Education Encouraged You’ll need to submit a signed and dated certificate of completion when you file the application. Qualifying instructors include licensed counselors, marriage and family therapists, licensed social workers, psychiatrists, psychologists, and active or retired clergy trained in research-based marriage preparation curricula. Payment methods vary by county, so check with your clerk’s office ahead of time.

When the License Is Issued and How Long It Lasts

For adult applicants, the license is issued on the spot. West Virginia’s statutory waiting period has been repealed.10West Virginia Legislature. West Virginia Code 48-2-103 – Waiting Period Before Issuance of Marriage License [Repealed] Once issued, the license is valid for 60 days. If the ceremony doesn’t happen within that window, the license expires and you’ll have to apply and pay again.11West Virginia Legislature. West Virginia Code 48-2-202 – Endorsement and Return of Licenses by Persons Solemnizing Marriage; Duties of Clerk Pertaining Thereto

The Ceremony and Who Can Perform It

Every West Virginia marriage must be solemnized by an authorized person. Without a valid license and a proper officiant, the marriage is void and the parties have no legal status as spouses.1West Virginia Legislature. West Virginia Code 48-2-101 – Marriage License Required

Two categories of people can officiate:12West Virginia Legislature. West Virginia Code 48-2-401 – Persons Authorized to Perform Marriages

  • Religious representatives, including ministers, priests, rabbis, and leaders of any generally recognized spiritual assembly, church, or religious organization, even one that doesn’t formally use the term clergy. Religious representatives must register with the West Virginia Secretary of State before performing ceremonies.13West Virginia Secretary of State. Licensing Division
  • Family court judges, circuit judges, and justices of the Supreme Court of Appeals, who may officiate in any county.

West Virginia does not recognize self-uniting or self-solemnizing marriages. You need one of the officiants above.

Returning the License After the Ceremony

The officiant completes the license with the date, time, and place of the marriage, then returns the signed license to the County Clerk’s office that issued it. The clerk records the marriage once the completed license arrives. If the clerk hasn’t received the license back within 60 days after its expiration, state law requires notifying both parties by certified mail.11West Virginia Legislature. West Virginia Code 48-2-202 – Endorsement and Return of Licenses by Persons Solemnizing Marriage; Duties of Clerk Pertaining Thereto Don’t rely on the notification as your safety net. Follow up with your officiant a week or two after the wedding to confirm the paperwork was returned.

Getting Certified Copies of Your Marriage Certificate

Once the clerk records the completed license, the marriage becomes an official public record. Certified copies are available from the County Clerk’s office that issued the license or from the West Virginia Vital Registration Office.14West Virginia Culture Center. Vital Records Interactive The Vital Registration Office charges $12 per certified copy.15WV.gov. Certificate Requests County clerk fees may differ, so contact the issuing office for the exact amount.

Order at least two or three certified copies. You’ll need them for name changes, insurance updates, tax filings, and other processes that require proof of marriage. Regular photocopies won’t be accepted.

A Note on Common Law Marriage

West Virginia has no provision in state law recognizing common law marriage. Living together and presenting yourselves as married does not create a legal marriage here, no matter how long the relationship lasts. If you established a valid common law marriage in one of the states that recognize them (such as Colorado, Iowa, Kansas, Montana, South Carolina, Texas, or Utah), West Virginia may give that marriage limited recognition for certain government program purposes; an attorney can tell you exactly which rights carry over.

After the Wedding: Name Changes and Benefits

A marriage certificate gives you the legal basis to change your name, but nothing updates automatically. You’ll need to update each agency separately, and the order matters.

Start with the Social Security Administration, because most other agencies want your Social Security record to match your new name before they’ll process a change. Depending on your situation, you may be able to request a replacement card online; otherwise, schedule an appointment at a local SSA office. Replacement cards typically arrive within 5 to 10 business days.16Social Security Administration. Change Name with Social Security

For a passport, the form depends on timing. If both your passport and your name change are less than a year old, Form DS-5504 is free (expedited processing costs an extra $60). Otherwise, you’ll use Form DS-82 to renew by mail or Form DS-11 to apply in person, with standard passport fees.17U.S. Department of State. Change or Correct a Passport

Once Social Security and the passport reflect the new name, work through the rest: your driver’s license at the West Virginia DMV, bank and financial accounts, employer payroll records, health insurance, voter registration, and any professional licenses. Nearly all will ask for your certified marriage certificate and updated Social Security card.

Marriage also changes your federal benefit picture. For taxes, your filing status becomes married filing jointly or married filing separately for the entire tax year in which you married, even a December 31 wedding. On the Social Security side, a legal spouse becomes eligible for spousal benefits once the marriage has lasted at least one year and the spouse is at least 62, or is caring for a qualifying child.18Social Security Administration. Who Can Get Family Benefits Nothing needs to be filed at the time of the wedding, but the one-year window is worth remembering for later planning.