How to Get Married in West Virginia (2026)
Reviewed by DocDraft Legal Team · West Virginia · Last updated 2026-05-18
Marriage formation in West Virginia follows West Virginia-specific family law from the license application onward. On the timing side: None. The statute concerning a waiting period has been repealed. License validity in West Virginia: 60 days. Common-law-marriage status: The state does not recognize new common-law marriages formed within its borders, though it acknowledges those legally established out-of-state. What follows is the West Virginia sequence, the documents, and the officiant rules that complete a lawful marriage.
Key Considerations
Two date-driven West Virginia rules surround the marriage license. None. The statute concerning a waiting period has been repealed. 60 days. A ceremony performed inside the waiting period (where one applies) or after the validity window has lapsed is not lawful, and the parties would have to reapply.
The cost and minimum-age rules sit at the front of the West Virginia marriage-license process. On cost, 55. On age, The clerk of the county commission may issue a marriage license to an applicant who is under the age of 18 but at least 16 years of age if the clerk obtains valid written consent from the applicant and from the applicant's parent or parents or the applicant's legal guardian or guardians as outlined in this section: Provided, That a marriage license may not be issued to an applicant who is under the age of 18 but who is at least 16 years of age if the person whom the applicant seeks to marry is more than four years older than the applicant. Couples planning a West Virginia ceremony should resolve both questions before booking a venue.
Two formation rules complete the West Virginia marriage picture. The state does not recognize new common-law marriages formed within its borders, though it acknowledges those legally established out-of-state. A religious representative who has complied with the provisions of section 2-402, a family court judge, a circuit judge or a justice of the Supreme Court of Appeals, is authorized to celebrate the rites of marriage in any county of this state. The first tells you whether West Virginia will recognize a marriage that never went through a ceremony at all; the second tells you which ceremonies the state will recognize.
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Relevant Documents
Marriage-license filings in West Virginia typically include the application form itself, the applicants' photo identification, and a premarital-course completion certificate where the state's discount program applies. $20. License fees in West Virginia are due to the issuing clerk at filing, often in cash or by money order; check accepted payment methods with the specific office before the appointment.
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 the West Virginia marriage license at the issuing clerk's office
Before the ceremony days after starting55. Bring valid government-issued photo identification for each applicant and any documentation the clerk requires (proof of termination of any prior marriage, for example).
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Verify how long the license is good for and align the ceremony date inside that window
Before the ceremony days after starting60 days. A late ceremony is not a curable defect; the parties would have to start the application process over.
Account for the post-license waiting period when picking a ceremony date
Before applying days after startingNone. The statute concerning a waiting period has been repealed. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date.
If a premarital-course discount applies, complete an approved course before applying
Before the ceremony days after starting$20. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing.
Complete the ceremony with an officiant who falls inside the West Virginia authorized-officiant list
At the ceremony days after startingA religious representative who has complied with the provisions of section 2-402, a family court judge, a circuit judge or a justice of the Supreme Court of Appeals, is authorized to celebrate the rites of marriage in any county of this state. An out-of-state officiant performing the ceremony inside West Virginia should be confirmed against the West Virginia list, since reciprocity is not automatic.
Make sure the officiant files the executed license back with the issuing office promptly after the ceremony
After the ceremony days after startingRecording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for the West Virginia marriage license at the issuing clerk's office | 55. Bring valid government-issued photo identification for each applicant and any documentation the clerk requires (proof of termination of any prior marriage, for example). | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Verify how long the license is good for and align the ceremony date inside that window | 60 days. A late ceremony is not a curable defect; the parties would have to start the application process over. | - | Before the ceremony |
| Account for the post-license waiting period when picking a ceremony date | None. The statute concerning a waiting period has been repealed. The waiting period (where the state imposes one) runs from the license issuance date, so the application timing has to be worked backward from the planned ceremony date. | - | Before applying |
| If a premarital-course discount applies, complete an approved course before applying | $20. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing. | - | Before the ceremony |
| Complete the ceremony with an officiant who falls inside the West Virginia authorized-officiant list | A religious representative who has complied with the provisions of section 2-402, a family court judge, a circuit judge or a justice of the Supreme Court of Appeals, is authorized to celebrate the rites of marriage in any county of this state. An out-of-state officiant performing the ceremony inside West Virginia should be confirmed against the West Virginia list, since reciprocity is not automatic. | - | At the ceremony |
| Make sure the officiant files the executed license back with the issuing office promptly after the ceremony | Recording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available. | - | After the ceremony |
Frequently Asked Questions
None. The statute concerning a waiting period has been repealed. If the state offers a premarital-course waiver of the waiting period, the course-completion certificate must be presented to the clerk at the application appointment to take advantage of the waiver.
The state does not recognize new common-law marriages formed within its borders, though it acknowledges those legally established out-of-state. Where a state does still recognize common-law marriage, the elements (present-tense agreement to be married, cohabitation in the state, holding out as married) vary in detail, and a couple relying on the doctrine should document each element.
55. The figure that controls is the one on the issuing clerk's current fee schedule, which the clerk applies at the counter. Couples should also ask the clerk about accepted payment methods, which sometimes exclude personal checks.
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