The legal age to marry in West Virginia is 18. A 16- or 17-year-old can still get a marriage license, but only with written parental or guardian consent, a signed affirmation from the minor that the decision is voluntary, and an intended spouse who is no more than four years older. No one under 16 can marry in the state under any circumstances.
Why 18 Is the Standard
Under West Virginia Code 48-2-301, anyone under 18 “lacks the capacity to marry” unless they meet the narrow exception spelled out in the statute.1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception An 18-year-old can apply for a license on their own authority. A 17-year-old cannot.
The current rules come out of House Bill 3018, passed during the 2023 Regular Session. That bill eliminated the older process that allowed minors to petition a circuit court for permission to marry.2West Virginia Legislature. Bill Status – Complete Bill History – HB 3018 If you find older guides describing a judicial approval route for underage marriage in West Virginia, ignore them. That path is gone.
Marrying at 16 or 17
Three conditions must all be satisfied before a county clerk can issue a license to a 16- or 17-year-old. Missing one blocks the license.
Written Parental or Guardian Consent
The clerk needs written consent, and who signs depends on the family situation:1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception
- Parents living together: both parents sign, or the legal guardian signs.
- One parent deceased: the surviving parent signs, or the legal guardian signs.
- Both parents deceased: the legal guardian signs.
- Parents living apart or divorced: the parent with decision-making authority signs. If both share substantially equal parenting rights, both must sign.
The consent has to be acknowledged before an officer authorized to acknowledge a deed, such as a notary. It carries the weight of a sworn document, not a permission slip.3West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage
A Four-Year Age Gap Ceiling
Even with full parental consent, the clerk cannot issue a license if the other party is more than four years older than the minor. A 17-year-old can marry a 21-year-old but not a 22-year-old. There is no workaround.1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception
The Minor’s Own Signed Affirmation
The 16- or 17-year-old must personally sign and acknowledge a statement saying two things: that they freely and voluntarily choose to marry the person named in the application, and that the decision is not the product of duress or coercion. It sits inside the written consent package and gives the minor a documented chance to flag pressure before the license issues.1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception
Proof of Age and Other Paperwork
Every application requires the full names of both parties, Social Security numbers, dates of birth, places of birth, and home addresses. A legal alien without a Social Security number gives a visa number or equivalent instead.4West Virginia Legislature. West Virginia Code 48-2-104 – Contents of the Application for a Marriage License The application is signed under oath, either before the county clerk or another person authorized to administer oaths.5West Virginia Legislature. West Virginia Code 48-2-105 – Parties Required to Sign Application Under Oath
The clerk has to confirm both applicants meet the age rules before issuing the license. Acceptable proof of age includes a certified birth certificate, a voter registration certificate, a driver’s license, an affidavit from both parents or a legal guardian, or other sufficient evidence.6West Virginia Legislature. West Virginia Code 48-2-106 – Proof of Age If either party was previously married, the clerk needs documentation of how that marriage ended, typically a certified divorce decree or a death certificate.
Fees, Waiting Period, and How Long the License Lasts
Fees are set at the county level and vary, generally running somewhere between $35 and $60. Couples who complete a state-recognized premarital education course and file the signed certificate usually pay a reduced fee.
West Virginia has no waiting period. The license is valid the moment it issues, so the ceremony can happen the same day. It expires 60 days after issuance; miss that window and the couple has to apply again. The license is also only good for a ceremony held inside West Virginia.
If the Minor Wants Out
West Virginia builds in a safety valve. A minor who married at 16 or 17 can petition for annulment on their own, without needing consent from parents or guardians, at any point before turning 18.1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception A marriage entered into by someone under the age of consent is also treated as voidable under state law, meaning a court can be asked to declare it void.7West Virginia Legislature. West Virginia Code 48-3-103 – Voidable Marriages
Older Marriages and Marriages From Other States
The 2023 changes are not retroactive. A marriage that was legally entered into before the statute was re-enacted during the 2023 Regular Session stays valid, even if it wouldn’t be permitted under today’s rules. A marriage lawful in another state is likewise not voided just because West Virginia would not have allowed it.1West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception