Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get legally married in West Virginia?
In order to get married in West Virginia, you must first apply for a marriage license at the county clerk's office.
Note: County residency dictates where you may apply.
Who will process my application?
The county clerk (a.k.a. clerk of the county commission) or their deputy clerk will process your application.
Residency
Does my residency affect the marriage license process?
If you or your partner lives in West Virginia, apply in the county of either's residence. Nonresidents may apply in any county.
Costs
How much is a marriage license?
A West Virginia marriage license costs $56. However, if you complete premarital education, the price drops to $36.
Does the marriage license fee include a marriage certificate?
The marriage license fee does not include a certified copy of your marriage certificate, which can be purchased for an extra $5.
Usage
Where can I use my marriage license?
Your West Virginia marriage license can be used anywhere in the state. It may only be used in West Virginia.
Can I use an out-of-state marriage license in West Virginia?
You must use a West Virginia marriage license to lawfully marry in West Virginia.
Application
What information will I have to fill out?
The marriage license application will ask for the following information under oath:
- Current name
- Previous names
- Birthplace
- City and state, or foreign country
- Date of birth
- Mailing address
- If ordering a marriage certificate
- Residential address
- No P.O. Boxes allowed
- City, town, or location; county, and state
- Email address
- Telephone number
- Social security number
- Or passport, tourist, or visa number for foreigners
- Martial history
- Total prior marriages
- Last marriage end date
- Last marriage end reason (i.e., death, divorce, annulment)
- Race or ethnicity
- Highest education level
- Elementary to college
- Father's name and birthplace
- Mother's full maiden name and birthplace
Attendance
Do I have to apply in person?
You and your partner must apply for a marriage license in person, at the same time.
Age Requirements
How old do I have to be to get married?
Aged 18 and over?
If you're 18 years old or older, you can marry without parental consent.
Aged 16 and 17?
If you're 16 or 17 years old, you can marry with the written consent of your custodial parents or legal guardian.
Aged 15 and under?
If you're 15 years old or younger, you can marry with a court order and consent from your custodial parents or legal guardian.
What are the parental consent requirements?
What if my parents are divorced?
If your parents have equal custody over you, both must consent. Otherwise, only the sole custodial parent must approve.
How must parental consent be granted?
Parental consent can either be granted in person or with a notarized consent form.
What are the circuit court requirements?
Which circuit court do I petition?
You must petition a circuit court in the same county as the county clerk's office.
Do I go to the circuit clerk or county clerk first?
Secure your court order before applying for a marriage license.
Premarital Education
What's the benefit of completing premarital education?
The marriage license fee drops from $56 to $36 with a four-hour premarital education course certificate of completion that's less than a year old.
Waiting Period
How soon will I get my marriage license?
If you're at least 18 years old, your marriage license will be issued immediately. Underage applicants must wait two full days.
Note: The "two full days" stipulation does not include the day you apply.
Can the waiting period for minors be waived?
A circuit court judge in the same county where you apply can waive the two-day waiting period for extraordinary situations.
How soon can I get married after receiving my marriage license?
Your marriage license will become effective for use immediately after issuance.
Expiration
How long will my marriage license last?
Your marriage license will expire 60 days after issuance, after which it is null and void.
Identification
Do I have to show ID?
Submit proof of age, such as a birth certificate (original or certified), driver's license, military ID card, voter's registration certificate, passport, green card, or visa.
Do I have to prove residency?
If your identification does not demonstrate county residency, bring a document that does, such as a utility bill.
Do I need to show my birth certificate?
Underage applicants must show an original or certified copy of their birth certificate.
Do I need to show my social security card?
You do not need to show your social security card. Just know your social security number.
Do consenting parents or guardians need to bring anything?
Consenting parents and guardians must bring ID. Sole custody parents and guardians must bring proof of custody and guardianship.
Blood Test
Is a blood test required?
You do not have to submit to a premarital blood test or physical exam?
Divorced
Do I have to document my divorce?
Some county clerks will request a certified copy of your divorce decree if divorced within the past six months.
Is there a delay between divorce and remarriage?
There is no waiting period between a finalized divorce and remarriage.
Widowed
Do I have to document my spouse's death?
If you were widowed within the past 30 days, you may be asked to present a certified copy of your late spouse's death certificate.
Name Change
How do I change my name after marriage?
Your marriage certificate authorizes a name change. You can use an online name change service to help complete necessary forms.
Witnesses
Do I have to bring witnesses to my ceremony?
Witnesses are not required to attend your marriage ceremony.
The Ceremony
Who can preside over our marriage?
Your marriage may be solemnized a family court judge, circuit judge, minister, priest, rabbi, or authorized representative of any religious organization.
Must officiants be registered?
Religious representatives must be registered with the Secretary of State. The licensing database is publicly searchable.
License Return
When must the marriage license go back?
Your marriage license must be returned to the county clerk for registration by the sixth day of the next month that follows the ceremony.
Who's responsible for returning the marriage license?
Anyone—you, the officiant, a friend, etc—can return the marriage license by hand or mail.
Marriage Certificate
How do I get a copy of my marriage certificate?
You can order a certified copy of your marriage certificate for $5 from the county clerk's office that issued your license.
Who is authorized to order a copy of my marriage record?
West Virginia is not an open records state. Therefore, only you, your child, or your grandchild can request a copy of your marriage certificate.
Do I have to register an out-of-state marriage in West Virginia?
West Virginia residents who marry out-of-state can optionally register their marriage certificate with the county clerk's office in their county of residence.
Proxy Marriage
Can I get married by proxy?
Marriage-by-proxy is not permitted in West Virginia.
Prohibited Marriage
Can I marry my first cousin?
You may only marry a first cousin if not related by blood.
Can I marry a member of my family?
You cannot marry a grandparent, parent, child, grandchild, sibling, aunt, uncle, niece, nephew, or blood-related first cousin.
Can I marry my half-sibling, ex-stepparent, or ex-stepchild?
Family intermarriage prohibitions apply to half-siblings and non-blood relationships established through marriage.
Common-law Marriage
Can I enter into a common-law marriage?
You cannot enter into a common-law marriage in West Virginia. However, the state does recognize legally established out-of-state common-law marriages.
Can the judge get us married in the same day
Hi Josh. It's best to contact the judge's office or clerk in advance to determine availability. Make it know that you plan to apply the same day.
Need my marriage certificate witch
Hi Glenna. You sentence was left training, so I assume you're needing a copy of your marriage certificate. If so, you can get a copy from the same county clerk where you applied for you marriage license.
I'm from Pittsburgh coming to get married. I know I get my marriage license at the court house. Do we see a judge there at the court house to get married the same day?
You should schedule your ceremony in advance. It's risky to assume same-day availability. Contact the county clerk's office ahead of time.
If an applicant is in the hospital on bedside how can that person obtain a marriage license?
They can't. They must apply in person.
My boyfriend and I are looking to get married while we are in town from Colorado. Can the courthouse marry us the same day that we get the marriage license?
That's a dangerous assumption. Courthouse ceremonies are based on availability. If you know when you'll apply to get married, schedule your civil ceremony in advance to coincide.
Do you need an appointment to apply or can you just show up? Cabell courthouse is only by appointment and our wedding is August 1st. They say they are booked up into August.
You do need an appointment.
The courthouse refused to speak to me about scheduling until I have my license in hand, I planned on getting married the same day I got the license though which will now be tomorrow. Why would they not even talk to me to register even when I told them I would have the license in hand that very next day.
That's the prerogative of the courthouse. It could be the judge's rules they're following. You could try another courthouse. Get your license from one county and then marry in another's courthouse. Or you could hire a non-denominational minister registered with the state's Secretary of State's office.
Can a marriage be done if one person is currently in jail?
Hi Will. You'll want to contact the jail administrator or sheriff.
How much does the judge charge to marry a couple?
Hi Cassie. Courthouse marriage ceremony prices aren't standardized or set by state law. Judges set their own prices.
You can contact the county clerk's office for a referral. You can also reply back here with the county you plan to apply or marry in and I may be able to get you an approximation.
Can you marry someone that is incarcerated?
Hi Steph. Make arrangements with the administrator of the correctional facility.
Hello, am I able to obtain my marriage certificate the same day I return my marriage license?
Hi Alexis. You should inquire with the county clerk in advance if they can process a same-day license return to certificate copy. It might depend on how busy they are, so request a recommended time to arrive.
Can a developmentally handicap person (12 year old mentality) who has multiple issues get married without a parent consent?
Hi Lee. As long as the developmentally disabled applicant is at least 18 years old or above, I don't see anywhere in West Virginia's statutes that would require the consent of their parent or guardian to marry.
I'm a Wetzel County resident. I'm looking to get married at the court house. How much does the judge charge you to get married?
Hi Kaye. You can contact the circuit court or family court judge on the Wetzel County court page. The judges set their own fees, so phone the judge's office listed on the referenced page. (Note, there isn't a county-level court, as they cover districts and multiple counties.)
Hi, I’m a little confused. We recently got our marriage license application from McDowell County Clerk’s office we filled it out and got married. We returned our application fully filled out and got our marriage certificate but it shows the Groom's full name and the Bride's (me) full name which I put my full maiden name. But they never told me I’d need to put my married name on it is the certificate correct with my maiden name or should the clerk have told me to put the married name on it? This is my first marriage so I’m confused?
Hi Eve. You filled out the application right. Your current legal name at the time should have been placed on the application, not your married name.
How much does the magistrate charge to get married at the court house and do you have to have an appointment?
I've been divorced for 8 years do I need a copy of my divorce decree to obtain a marriage license and get married in either Charleston or Madison WV? I was married and divorced in Delaware.
Hi Aaron. For Charleston, WV (Kanawha County), you do not need to bring a copy of your divorce decree; you just need to know the month, day, and year your divorce was finalized. But for Madison, WV (Boone County), you do need to bring a copy of your divorce decree if your divorce took place within the past six months. Of course, this doesn't apply to you because your divorce took place eight years ago.