Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Before a couple can legally get married in West Virginia they must obtain a marriage license. If a couple has a marriage ceremony without a valid marriage license then the attempted marriage is legally void. If both parties are residents of West Virginia then the couple can apply for a marriage license in the county where either of them usually resides. If neither party resides in West Virginia then the couple can apply for a marriage license in any county within West Virginia.
Code Section |
West Virginia Code section 48-2-104 to 48-2-107: Application for Marriage License |
Contents of the Application
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An application for a marriage license must include:
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| Execution of the Application | Both parties are required to sign the marriage license application under oath in front of a county clerk. |
Proof of Age
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Both parties must provide evidence of their age. Acceptable evidence includes:
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| Recording the Application | The county clerk will record the marriage license application. |
Age Requirements
The age of consent for marriage is West Virginia is 18. Therefore, a person who is less than 18 years old lacks the legal capacity to enter into a marriage. However, an applicant who is between 16 and 18 years old can obtain a marriage license if they have written consent from their parents or legal guardian. A marriage license can only be issued to someone who is less than 16 years old if a court finds that issuing a marriage license is in the applicant's best interest and the parents or guardian has consented.
Related People are Prohibited from Marrying:
If either (or both) of the applicants is less than 18 years old then the county clerk won't issue a marriage license until two days after the application has been filed. During an emergency, or under extraordinary circumstances, a judge may order the county clerk to issue a marriage license before the waiting period has passed.
West Virginia doesn't require a blood test before a marriage license can be issued.
State laws change frequently. For case specific information regarding West Virginia's marriage license and blood test requirements contact a local family law lawyer.
Contact a qualified attorney.
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