Getting Married in West Virginia: Legal Requirements and Process
Getting married in West Virginia requires obtaining a marriage license from a county clerk, which is valid for 60 days with no waiting period after issuance. Both parties must appear in person with valid identification, proof of age, and pay a fee ranging from $36-$56 depending on the county.
West Virginia does not require blood tests or residency requirements, but does require both parties to be at least 18 years old (or have parental consent if 16-17). Same-sex marriage is legal in West Virginia, and the state recognizes common law marriages from other states but does not establish them within its borders.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In West Virginia, couples must obtain a marriage license from a county clerk before getting married. Both parties must appear in person, present valid identification, and pay a fee (typically $35-56). There is no waiting period after receiving the license, and it is valid for 60 days.
Age Requirements
In West Virginia, individuals must be at least 18 years old to marry without parental consent. Those who are 16-17 years old may marry with parental/guardian consent. West Virginia law prohibits marriage for anyone under 16 years of age.
Blood Test Requirements
West Virginia no longer requires blood tests for marriage licenses. This requirement was eliminated to simplify the marriage process.
Officiants Authorized to Perform Marriages
West Virginia law authorizes religious ministers, judges, and certain public officials to perform marriage ceremonies. The person performing the ceremony must complete the marriage certificate and return it to the county clerk within 30 days of the ceremony.
Marriage Certificate Filing
After the ceremony, the officiant must complete the marriage certificate and return it to the county clerk within 30 days. This filing officially records the marriage with the state and provides legal proof of the marriage.
Name Change After Marriage
West Virginia allows individuals to change their last name after marriage by using their marriage certificate as legal documentation. This can be used to update identification documents, Social Security records, and other official documents.
Regional Variances
County-Specific Marriage Requirements in West Virginia
As the most populous county in West Virginia, Kanawha County's marriage license office is located in the County Clerk's Office in Charleston. They require both parties to appear in person with valid ID and $56 for the license fee. There is no waiting period after receiving your license, but it expires after 60 days if unused.
In Monongalia County, home to West Virginia University, marriage licenses are issued at the County Clerk's Office in Morgantown. The fee is $56, and they specifically require certified copies of birth certificates in addition to photo ID. They also offer premarital education courses that can reduce the marriage license fee by $20 if completed.
Cabell County's marriage license procedures are handled at the County Clerk's Office in Huntington. They require $56 for the license fee, valid photo ID, and if either party was previously married, proof of how the marriage ended (divorce decree or death certificate) must be provided. They also have specific requirements for minors seeking marriage licenses.
In Berkeley County, located in the Eastern Panhandle, marriage licenses are issued at the County Clerk's Office in Martinsburg. The fee is $56, and they require government-issued photo ID. Berkeley County is notable for being a popular marriage destination for out-of-state couples from nearby Maryland, Virginia, and Washington D.C. due to its convenient location.
Wood County issues marriage licenses at the County Clerk's Office in Parkersburg. The fee is $56, and they require both parties to appear in person with valid ID. Wood County specifically notes that blood tests are NOT required for marriage licenses in West Virginia, which was previously a requirement that has since been eliminated statewide.
Special Circumstances in West Virginia Marriage Laws
West Virginia does not allow proxy marriages in any county. Both parties must appear in person to apply for a marriage license regardless of circumstances.
Since the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex marriages are legal throughout West Virginia. All counties must issue marriage licenses to same-sex couples under the same terms and conditions as opposite-sex couples.
Availability of courthouse weddings varies by county. Some counties like Kanawha and Cabell have judges or magistrates readily available for civil ceremonies, while in more rural counties, you may need to make an appointment well in advance.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn West Virginia, both parties must appear in person at a county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security number. The fee is typically $35-56 depending on the county. There is no waiting period in West Virginia, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In West Virginia, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. It's strongly recommended that each party has their own attorney review the agreement to ensure it will be enforceable.
Update or Create a Will
30 days after wedding days after startingMarriage automatically changes certain inheritance rights in West Virginia. After marriage, your spouse will have legal rights to a portion of your estate regardless of what your will states. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes.
Create or Update Healthcare Power of Attorney
30 days after wedding days after startingThis document allows your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In West Virginia, a healthcare power of attorney must be signed in the presence of two witnesses or notarized. Marriage does not automatically grant your spouse this authority without this document.
Create or Update Durable Power of Attorney
30 days after wedding days after startingThis document allows your spouse or another trusted person to handle financial and legal matters on your behalf if you become incapacitated. In West Virginia, a durable power of attorney must be signed before a notary public. Consider whether you want this power to be effective immediately or only upon incapacity.
Update Beneficiary Designation Forms
30 days after wedding days after startingMarriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or other financial accounts. Review and update all beneficiary designations to include your spouse if desired. These designations typically override what's in your will, so it's important to keep them current.
Apply for Name Change (if applicable)
60 days after wedding days after startingIf either spouse wishes to change their last name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In West Virginia, your marriage certificate serves as proof for the name change process. There's no separate court filing required for a marriage-related name change.
Establish Joint Bank Accounts (if desired)
60 days after wedding days after startingWhile not legally required, many couples choose to establish joint bank accounts after marriage. In West Virginia, both spouses will need to be present at the financial institution with identification to open a joint account. Consider whether you want to maintain separate accounts, joint accounts, or a combination.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In West Virginia, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines.
Research Tax Implications
90 days after wedding days after startingMarriage affects your tax filing status and may change your tax liability. Research whether filing jointly or separately is more beneficial for your situation. In West Virginia, you'll need to update your W-4 with your employer to reflect your new marital status and potentially adjust your withholding allowances.
Update Property Titles and Deeds
90 days after wedding days after startingIf either spouse owns real estate, consider whether you want to add your spouse to the deed. In West Virginia, this requires filing a new deed with the county clerk where the property is located. Be aware that adding a spouse to a deed may have tax implications and affect property rights in case of divorce or death.
Notify Creditors and Update Address Information
60 days after wedding days after startingIf either spouse is changing their name or address, notify creditors, subscription services, and other relevant parties. In West Virginia, you'll also need to update your voter registration if your name or address changes. This can typically be done online through the Secretary of State's website.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In West Virginia, both parties must appear in person at a county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security number. The fee is typically $35-56 depending on the county. There is no waiting period in West Virginia, and the license is valid for 60 days after issuance. | - | 30 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In West Virginia, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. It's strongly recommended that each party has their own attorney review the agreement to ensure it will be enforceable. | Prenuptial Agreement | 60 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in West Virginia. After marriage, your spouse will have legal rights to a portion of your estate regardless of what your will states. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. | Updated Will | 30 days after wedding |
| Create or Update Healthcare Power of Attorney | This document allows your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In West Virginia, a healthcare power of attorney must be signed in the presence of two witnesses or notarized. Marriage does not automatically grant your spouse this authority without this document. | Healthcare Power of Attorney | 30 days after wedding |
| Create or Update Durable Power of Attorney | This document allows your spouse or another trusted person to handle financial and legal matters on your behalf if you become incapacitated. In West Virginia, a durable power of attorney must be signed before a notary public. Consider whether you want this power to be effective immediately or only upon incapacity. | Durable Power of Attorney | 30 days after wedding |
| Update Beneficiary Designation Forms | Marriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or other financial accounts. Review and update all beneficiary designations to include your spouse if desired. These designations typically override what's in your will, so it's important to keep them current. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their last name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In West Virginia, your marriage certificate serves as proof for the name change process. There's no separate court filing required for a marriage-related name change. | Name Change Application | 60 days after wedding |
| Establish Joint Bank Accounts (if desired) | While not legally required, many couples choose to establish joint bank accounts after marriage. In West Virginia, both spouses will need to be present at the financial institution with identification to open a joint account. Consider whether you want to maintain separate accounts, joint accounts, or a combination. | Joint Bank Account Application | 60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In West Virginia, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Tax Implications | Marriage affects your tax filing status and may change your tax liability. Research whether filing jointly or separately is more beneficial for your situation. In West Virginia, you'll need to update your W-4 with your employer to reflect your new marital status and potentially adjust your withholding allowances. | - | 90 days after wedding |
| Update Property Titles and Deeds | If either spouse owns real estate, consider whether you want to add your spouse to the deed. In West Virginia, this requires filing a new deed with the county clerk where the property is located. Be aware that adding a spouse to a deed may have tax implications and affect property rights in case of divorce or death. | - | 90 days after wedding |
| Notify Creditors and Update Address Information | If either spouse is changing their name or address, notify creditors, subscription services, and other relevant parties. In West Virginia, you'll also need to update your voter registration if your name or address changes. This can typically be done online through the Secretary of State's website. | - | 60 days after wedding |
Frequently Asked Questions
In West Virginia, both parties must be at least 18 years old (or 16-17 with parental consent). You'll need to apply for a marriage license at any county clerk's office in the state, present valid identification (driver's license, birth certificate, or passport), and pay a fee (typically $35-56, varying by county). There is no waiting period after receiving your license, but it must be used within 60 days. West Virginia does not require blood tests or residency requirements. The marriage must be solemnized by an authorized person such as a religious minister, judge, or magistrate.
West Virginia law does not specifically require witnesses for your marriage ceremony. However, your officiant will need to sign your marriage license, and some religious ceremonies may incorporate witnesses as part of their traditional practices. After your ceremony, the officiant must return the completed marriage license to the county clerk's office within 30 days for official recording.
No, West Virginia does not currently offer online marriage license applications. Both parties must appear in person at a county clerk's office to apply for a marriage license. However, some counties may offer pre-application forms online that you can fill out before your visit to streamline the process. Contact your local county clerk for specific information.
West Virginia is an equitable distribution state, not a community property state. This means that property acquired during marriage is considered marital property subject to equitable (fair but not necessarily equal) division in case of divorce. Property owned before marriage typically remains separate property. However, commingling separate assets with marital assets can convert them to marital property. Consider creating a prenuptial agreement if you want to establish clear property rights that differ from default state laws.
No, West Virginia does not recognize common law marriages established within the state. However, if you established a valid common law marriage in a state that does recognize them before moving to West Virginia, the state will generally recognize that marriage as valid under principles of comity (legal reciprocity between jurisdictions).
Yes, same-sex couples can legally marry in West Virginia. Following the U.S. Supreme Court's decision in Obergefell v. Hodges in 2015, same-sex marriage is legal throughout the United States. Same-sex couples have the same marriage rights, responsibilities, and access to marriage licenses as opposite-sex couples in West Virginia.
Name changes after marriage are optional in West Virginia, not mandatory. If you choose to change your name, your marriage certificate serves as the legal basis for updating your name with the Social Security Administration, DMV, and other institutions. You'll need to update your Social Security card first, then your driver's license, and then other documents and accounts. The process requires submitting your marriage certificate and completing specific forms with each agency.
No, West Virginia does not allow proxy marriages where one or both parties are not physically present at the ceremony. Both parties must appear in person to apply for the marriage license and must be physically present at the marriage ceremony for it to be legally valid in West Virginia.
A marriage license is the document you obtain before your wedding that gives you legal permission to marry. In West Virginia, you apply for this at the county clerk's office. After your ceremony, the officiant returns the completed license to the county clerk, who then issues a marriage certificate. The marriage certificate is the official record that proves you are legally married and is what you'll use for name changes, insurance updates, and other legal matters requiring proof of marriage.
Non-US citizens can marry in West Virginia, but must follow the same requirements as citizens. You'll need valid identification such as a passport and possibly a birth certificate with certified translation if not in English. Some counties may request proof of legal presence such as a visa. Non-citizens should be aware that marriage to a US citizen doesn't automatically grant citizenship or immigration benefits; separate immigration processes must be followed through USCIS.