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§48-2-401. Persons authorized to perform marriages.
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. Celebration or solemnization of a marriage means the performance of the formal act or ceremony by which a man and woman contract marriage and assume the status of husband and wife.
For purposes of this chapter, the term "religious
representative" means a minister, priest or rabbi and includes,
without being limited to, a leader or representative of a generally
recognized spiritual assembly, church or religious organization
which does not formally designate or recognize persons as
ministers, priests or rabbis.
(a) Beginning the first day of September, two thousand one, the Secretary of State shall, upon payment of the registration fee established by the Secretary of State pursuant to subsection (d) of this section, make an order authorizing a person who is a religious representative to celebrate the rites of marriage in all the counties of the state, upon proof that the person:
(1) Is eighteen years of age or older;
(2) Is duly authorized to perform marriages by his or her church, synagogue, spiritual assembly or religious organization; and
(3) Is in regular communion with the church, synagogue, spiritual assembly or religious organization of which he or she is a member.
(b) The Secretary of State shall establish a central registry of persons authorized to celebrate marriages in this state. Every person authorized under the provisions of subsection (a) of this section to celebrate marriages shall be listed in this registry. Every county clerk shall, prior to the first day of October, two thousand one, transmit to the Secretary of State the name of every person authorized to celebrate marriages by order issued in his or her county since one thousand nine hundred sixty and the Secretary of State shall include these names in the registry. The completed registry and periodic updates shall be transmitted to every county clerk.
(c)(1) Upon written request from the registrant, the Secretary of State shall designate the registrant as inactive on the registry.
(2) Upon written notice from the governing body of the registrant's authorizing body that the registrant has died or that the registrant's authority to perform marriages has been revoked, the Secretary of State shall attempt to notify the registrant of the change in the registrant's status by United States mail addressed to the registrant's last known address. If the registrant fails to provide the Secretary of State with proof of good standing with his or her authorizing body within thirty days, the registrant shall be designated on the registry as inactive.
(d) A fee not to exceed twenty-five dollars may be charged by the Secretary of State for each registration or reactivation of an individual designated as inactive on the registry received on or after the first day of September, two thousand one, and all money received shall be deposited in a special revenue revolving fund designated the Marriage Celebrants Registration Fee Administration Fund in the State Treasury to be administered by the Secretary of State. Expenses incurred by the secretary in the implementation and operation of the registry program shall be paid from the fund.
(e) No marriage performed by a person authorized by law to celebrate marriages may be invalidated solely because the person was not listed in the registry provided for in this section.
Other Marriage Codes, Laws in West Virginia
48-2-405 Record of marriage to be kept by person officiating
A record of each marriage performed, with the names of the
parties, their respective places of residence prior to marriage, and the
date of marriage, shall be kept by the officiating religious
representative in the permanent record of the church, synagogue,
spiritual assembly or religious organization which he or she serves.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
48-2-101 Necessity of marriage license
Every marriage in this state must be solemnized under a marriage
license issued by a clerk of the county commission in accordance with
the provisions of this article. If a ceremony of marriage is performed
without a license, the attempted marriage is void, and the parties do
not attain the legal status of husband and wife.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-102 Where an application for a marriage license may
be made; when an application may be received and a license issued;
application by mail
(a) If one or both of the applicants are residents of this state,
they may apply for a marriage license to be issued by the clerk of the
county commission of the county in which a resident applicant usually
resides. If both parties are nonresidents of this state, they may apply
for a license to be issued by the clerk of the county commission in any
county in this state.
(b) Applications for licenses may be received and licenses may be issued
by the clerk of the county commission when the office of the clerk is
officially open for the conduct of business.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-103 Waiting period before issuance of marriage
license; issuance of license in case of emergency or extraordinary
circumstances
(a) Except as otherwise provided in subsection(b) of this section,
if either or both of the applicants for a marriage license is under
eighteen years of age, the clerk of the county commission may not issue a
marriage license until two full days elapse after the day the license
application is filed.
(b) In case of an emergency or extraordinary circumstances, as shown by
affidavit or other proof, a circuit judge of the county in which an
application for a marriage license will be filed may order the clerk of
the county commission to issue a license at any time before the
expiration of the waiting period prescribed in subsection (a) of this
section. The clerk of the county commission shall attach a certified
copy of the judge's order to the application and issue the marriage
license in accordance with the order. If the judge or judges of the
county in which the application will be filed are absent or
incapacitated, the order may be made and directed to the clerk of the
county commission of the county by a circuit judge in any adjoining
judicial circuit, or a special judge appointed by the supreme court of
appeals.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-104 Contents of the application for a marriage license
(a) The application for a marriage license must contain a
statement of the full names of both female and male parties, their
social security account numbers, dates of birth, places of birth and
residence addresses.
(b) If either of the parties is a legal alien in the United States of
America and has no social security account number, a tourist or visitor
visa number or number equivalent to a United States social security
account number must be provided.
(c) Every application for a marriage license must contain the following
statement: "Marriage is designed to be a loving and lifelong union
between a woman and a man.
The laws of this state affirm your right to enter into this marriage and
to live within the marriage free from violence and abuse. Neither of
you is the property of the other. Physical abuse, sexual abuse, battery
and assault of a spouse or other family member, and other provisions of
the criminal laws of this state are applicable to spouses and other
family members, and these violations are punishable by law."
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-105 Execution of the application for a marriage license
Both female and male parties to a contemplated marriage are
required to sign the application for a marriage license, under oath. The
application must be signed before the clerk of the county commission or
another person authorized to administer oaths under the laws of this
state.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-106 Proof of age
(a) At the time of the execution of the application, the clerk or
the person administering the oath to the applicants shall require
evidence of the age of each of the applicants. Evidence of age may be as
follows:
(1) A certified copy of a birth certificate or a duplicate certificate
produced by any means that accurately reproduces the original;
(2) A voter's registration certificate;
(3) An operator's or chauffeur's license;
(4) The affidavit of both parents or the legal guardian of the applicant; or
(5) Other good and sufficient evidence.
(b) If an affidavit is relied upon as evidence of the age of an
applicant, and if one parent is dead, the affidavit of the surviving
parent or of the guardian of the applicant is sufficient. If both
parents are dead, the affidavit of the guardian of the applicant is
sufficient. If the parents of the applicant live separate and apart, the
affidavit of the parent having custody of the applicant is sufficient.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-107 Recording an application for a marriage license
The clerk of the county commission shall record the application
for a marriage license in the register of marriages provided for in
section 2-203. The clerk shall note the date of the filing of the
application in the register. The clerk's notation, or a certified copy
thereof, is legal evidence of the facts contained in the license.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 1: Application for Marriage License
48-2-201 Form of marriage license
The marriage license shall be in form substantially as follows:
Marriage License.
State of West Virginia, County of __________________, to wit:
To any person authorized to celebrate marriages:
You are hereby authorized to join together in matrimony ______________________________ and ______________________________
Given under my hand, as clerk of the county commission of the county of
_____________, this _____ day of ______________, 2______.
__________________________
Clerk as aforesaid.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 2: Marriage License
48-2-202 Endorsement and return of licenses by persons solemnizing marriage; duties of clerk pertaining thereto
(a) The person solemnizing a marriage shall retain the marriage
license and place an endorsement on it establishing the fact of the
marriage and the time and place it was celebrated.
(b) Before the sixth day of the month after the month in which the
marriage was celebrated, the person who solemnized the marriage shall
forward the original of the marriage license to the clerk who issued the
license.
(c) In the event that the marriage authorized by the license is not
solemnized within sixty days from the date of its issuance, then the
license is null and void. If the county clerk has not received the
original license within sixty days after the expiration date on the
license, the clerk shall notify each of the applicants of that fact, by
certified mail, return receipt requested.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 2: Marriage License
48-2-203 Register of marriages
(a) The clerk of the county commission is required to maintain a
suitable book to be used as a register of marriages. The clerk shall
keep a complete record of the following information:
(1) Factual information that relates to the eligibility of a person to
obtain a marriage license: Provided, That if the license is issued
because the female is pregnant, the pregnancy will not be noted by the
clerk in the register of marriages;
(2) Each marriage license issued by the clerk; and
(3) An endorsement by a minister, priest, rabbi, or judge certifying that the marriage was solemnized.
(b) The clerk shall index the register of marriages in the names of both parties to the marriage.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 2: Marriage License
48-2-204 Record of marriage celebrated outside of state
If at the time of celebrating any marriage out of this state,
either or both of the parties thereto is a resident of this state, a
certificate or statement of that fact, verified by the affidavit of any
person present at such celebration, or a transcript of the marriage
record, certified by the custodian of such records, from the state where
the marriage was celebrated, may be returned to the clerk of the county
commission of the county in which the husband resides, if he is a
resident, or otherwise to the clerk of the county in which the wife
resides, and an abstract thereof shall be recorded by the clerk in the
register of marriages and indexed in the name of both parties.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 2: Marriage License
48-2-301 Age of consent for marriage; exception
(a) The age of consent for marriage for both the male and the
female is eighteen years of age. A person under the age of eighteen
lacks the capacity to contract a marriage without the consent required
by this section.
(b) The clerk of the county commission may issue a marriage license to
an applicant who is under the age of eighteen but sixteen years of age
or older if the clerk obtains a valid written consent from the
applicant's parents or legal guardian.
(c) Upon order of a circuit judge, the clerk of the county commission
may issue a marriage license to an applicant who is under the age of
sixteen, if the clerk obtains a valid written consent from the
applicant's parents or legal guardian. A circuit judge of the county in
which the application for a marriage license is filed may order the
clerk of the county commission to issue a license to an applicant under
the age of sixteen if, in the court's discretion, the issuance of a
license is in the best interest of the applicant and if consent is given
by the parents or guardian.
(d) A consent to marry must be duly acknowledged before an officer
authorized to acknowledge a deed. If the parents are living together at
the time the application for a marriage license is made and the consent
is given, the signatures of both parents or the applicant's legal
guardian is required. If one parent is dead, the signature of the
surviving parent or the applicant's legal guardian is required. If both
parents are dead, the signature of the applicant's legal guardian is
required. If the parents of the applicant are living separate and apart,
the signature of the parent having custody of the applicant or the
applicant's legal guardian is required.
(e) If a person under the age of consent is married in violation of this
section, the marriage is not void for this reason, and such marriage is
valid until it is actually annulled.
(f) A marriage by an underage person without a valid consent as required
by this section, though voidable at the time it is entered into, may be
ratified and become completely valid and binding when the underage
party reaches the age of consent. Validation of a marriage by
ratification is established by some unequivocal and voluntary act,
statement, or course of conduct after reaching the age of consent.
Ratification includes, but is not limited to, continued cohabitation as
husband and wife after the age of consent is attained.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 3: Capacity to Marry
48-2-302 Prohibition against marriage of persons related within certain degrees
(a) A man is prohibited from marrying his mother, grandmother,
sister, daughter, granddaughter, half sister, aunt, brother's daughter,
sister's daughter, first cousin or double cousin. A woman is prohibited
from marrying her father, grandfather, brother, son, grandson, half
brother, uncle, brother's son, sister's son, first cousin or double
cousin.
(b) The prohibitions described in subsection (a) of this section are
applicable to consanguineous relationships where persons are blood
related by virtue of having a common ancestor.
(c) The prohibitions described in subsection (a) of this section are
applicable to persons related by affinity, where the relationship is
founded on a marriage, and the prohibition continues in force even
though the marriage is terminated by death or divorce, unless the
divorce was ordered for a cause which made the marriage, originally,
unlawful or void.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 3: Capacity to Marry
48-2-303 Prohibition against marriage not to include persons related by adoption
For the purpose of section 2-302, cousin or double cousin does not
include persons whose relationship is created solely by adoption. If it
necessary to open and examine the record of any adoption proceeding in
the state to ascertain that a relationship of cousin or double cousin is
created solely by adoption, then an application may be made to the
circuit court that held the adoption proceeding, by the clerk of the
county commission seeking to issue the marriage license, or either party
applying for the license, to open the record and cause it to be
examined. Upon such application, the judge shall examine the record
confidentially and report to the clerk whether the record discloses any
consanguinity prohibited by this section and may grant such other relief
prayed for which may be proper under article 22 of this chapter.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 3: Capacity to Marry
48-2-403 Ritual for ceremony of marriage by a religious representative
A religious representative authorized to celebrate the rites of
marriage shall perform the ceremony of marriage according to the rites
and ceremonies of his or her religious denomination, church, synagogue,
spiritual assembly or religious organization and the laws of the state
of West Virginia.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
48-2-404 Ritual for ceremony of marriage by a judge or justice
The ritual for the ceremony of marriages by a family court judge, a
circuit judge or a justice of the supreme court of appeals may be as
follows: At the time appointed, the persons to be married, being
qualified according to the law of the state of West Virginia, standing
together facing the judge, the man at the judge's left hand and the
woman at the right, the judge shall say:
"We are gathered here, in the presence of these witnesses, to join
together this man and this woman in matrimony. It is not to be entered
into unadvisedly but discreetly, sincerely and in dedication of life."
(Then shall the judge say to the man, using his Christian name:)
"N., wilt thou have this woman to be thy wedded wife, to live together
in the bonds of matrimony? Wilt thou love her, comfort her, honor and
keep her in sickness and in health?"
(Then the man shall answer:)
"I will."
(Then the judge shall say to the woman, using her Christian name:)
"N., wilt thou have this man to be thy wedded husband, to live together
in the bonds of matrimony? Wilt thou love him, comfort him, honor and
keep him in sickness and health?"
(The woman shall answer:)
"I will."
(Then may the judge say:)
"Who giveth this woman to be married to this man?"
(The father of the woman, or whoever giveth her in marriage, shall answer:)
"I do."
(Then the judge shall ask the man to say after him:)
"I, N., take thee, N., to be my wedded wife, to have and to hold, from
this day forward, for better, for worse, for richer, for poorer, in
sickness and in health, to love and to cherish, as long as life shall
last, and thereto I pledge thee my faith."
(Then the judge shall ask the woman to repeat after him:)
"I, N., take thee, N., to be my wedded husband, to have and to hold,
from this day forward, for better, for worse, for richer, for poorer, in
sickness and in health, to love and to cherish, as long as life shall
last, and thereto I pledge thee my faith."
(Then, if there be a ring, the judge shall say:)
"The wedding ring is an outward and visible sign--signifying unto all, the uniting of this man and this woman in matrimony."
(The judge then shall deliver the ring to the man to put on the third
finger of the woman's left hand. The man shall say after the judge:)
"In token and pledge of the vow between us made, with this ring, I thee wed."
(Then, if there be a second ring, the judge shall deliver it to the
woman to put upon the third finger of the man's left hand; and the woman
shall say after the judge:)
"In token and pledge of the vow between us made, with this ring, I thee wed."
(Then shall the judge say:)
"Forasmuch as N. and N. have consented together in wedlock, and have
witnessed the same each to the other and before these witnesses and
thereto have pledged their faith each to the other, and have declared
the same by giving (and receiving) a ring, by virtue of the authority
vested in me as judge of this court, I pronounce that they are husband
and wife together."
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 4: Marriage Ceremony
48-2-501 Unlawful acts by clerk of the county commission; penalties
(a) It is unlawful for a clerk of the county commission to do any of the following acts:
(1) To make a false entry as to the date of application for a marriage license;
(2) To issue a marriage license prior to the end of the required
three-day period (unless a circuit judge dispenses with this requirement
by order pursuant to section 2-103);
(3) To issue a license on any Sunday or a legal holiday; or
(4) To receive an application for a marriage license or issue a marriage
license in any place other than the office of the clerk of the county
commission.
(b) A clerk of the county commission who violates the provisions of
subsection (a) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than two
hundred dollars nor more than one thousand dollars, or by confinement in
the county or regional jail for not less than three months nor more
than nine months, or by both such fine and confinement, in the
discretion of the court.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 5: Offenses and Penalties
48-2-502 Issuing marriage license contrary to law; penalty
A clerk of the county commission who knowingly issues a marriage
license contrary to law is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not exceeding five hundred dollars,
or by confinement in the county or regional jail for not more than one
year, or by both such fine and confinement, in the discretion of the
court.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 5: Offenses and Penalties
48-2-503 Consanguineous marriage; penalty
(a) If a person marries another who is within the degrees of
relationship described in section 2-302, and the relationship is founded
on consanguinity, the person is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred dollars,
or be confined in the county or regional jail for not more than six
months, or both, in the discretion of the court.
(b) If a person who is a resident of this state marries in another state
or country, the person violates subsection (a) of this section if:
(1) The persons married are within the degrees of relationship described
in section 2-302 and the relationship is founded on consanguinity;
(2) The person intends to evade the law of this state;
(3) The person intends to return and reside in this state; and
(4) The persons, after marrying, return to this state and cohabit as man and wife.
(c) For purposes of this section, the fact of cohabitation of the persons as man and wife is evidence of their marriage.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 5: Offenses and Penalties
48-2-504 Failure to endorse and return license; penalties
If a person who is authorized to celebrate marriages in this state
willfully fails to comply with the provisions of section 2-202,
relating to the endorsement and return of a license, his or her
authority must be suspended for a period of not less than six months nor
more than one year. If the person gave bond under the provisions of
section 2-402, the conditions of the bond are deemed to be broken and
the bond must be forfeited as otherwise provided by law. The county
clerk shall notify the prosecuting attorney of the county of any failure
to comply with section 2-202. The prosecuting attorney shall institute
proceedings before the circuit court to suspend the person's authority
to celebrate marriages. The court shall determine all questions of law
and fact.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 5: Offenses and Penalties
48-2-505 Unlawful solicitation of a celebration of marriage
(a) It is unlawful for any religious representative in any manner to solicit the celebration of a marriage ceremony.
(b) It is unlawful for a religious representative to give anything of
value, directly or indirectly, as a reward to any person who may
accompany, bring, send or direct the holders of a marriage license to
the religious representative.
(c) If a person violates the provisions of subsection (a) or (b) of this
section, his or her license to celebrate marriages shall be revoked,
and no such license shall thereafter be issued to the person. It is the
duty of the prosecuting attorney of the county in which the violation
occurs to institute proceedings in the circuit court to revoke the
license. Reasonable notice of proceedings to revoke a license shall be
given to the licensee. The court shall determine all questions of law
and fact.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 5: Offenses and Penalties
48-2-601 Belief of parties in lawful marriage validates certain defects
If a marriage is solemnized by a person professing to be
authorized to celebrate marriages when, in fact, the person is not
authorized, or if a marriage is solemnized after the license is expired,
the marriage is not void and subject to a judgment of nullity based on
that fact alone if:
(1) The marriage is lawful in all other respects, and
(2) The marriage is consummated with a full belief on the part of either
or both of the persons married that they have been lawfully joined in
marriage.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 6: Miscellaneous Provisions
48-2-602 Marriage out of state to evade law
If a resident of this state marries in another state or country,
the marriage is governed by the same law, in all respects, as if it had
been solemnized in this state if, at the time of the marriage:
(1) The marriage would have been in violation of section 3-103 if performed in this state;
(2) The person intended to evade the law of this state; and
(3) The person intended to return and reside in this state.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 6: Miscellaneous Provisions
48-2-603 Certain acts, records, and proceedings not to be given effect in this state
A public act, record or judicial proceeding of any other state,
territory, possession or tribe respecting a relationship between persons
of the same sex that is treated as a marriage under the laws of the
other state, territory, possession, or tribe, or a right or claim
arising from such relationship, shall not be given effect by this state.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 6: Miscellaneous Provisions
48-2-604 Additional fee to be collected for each marriage license issued
In addition to any fee heretofore established for the issuance of a
marriage license, the county clerk shall collect a sum of fifteen
dollars for each marriage license issued which additional sum shall be
paid into a special revenue account of the state treasury to be
dispersed to local family protection shelters as provided in article
26-101, et seq.
West Virginia Code - Chapter 48: Domestic Relations - Article 2: Marriages - Part 6: Miscellaneous Provisions