West Virginia Marriage Records

Marriages in West Virginia are considered civil contracts between two consenting individuals who can contract and comply with the legal requirements and procedures outlined in Chapter 48, Article 2 of the West Virginia Code. These include obtaining a marriage license from a county clerk and having their marriage ceremony solemnized by an authorized officiant. Also, both parties cannot be closely related by blood or marriage and must be at least 16 years old. Note that parental consent is required for marriages involving 16 and 17-year-olds, and the age gap between both parties cannot be more than four years.

West Virginia does not recognize common-law marriages. Couples must follow the legal procedures for a marriage to be considered valid in the state. Also, the state does not impose residency requirements; marriage licenses can be obtained and used in any county (within West Virginia only). However, these licenses are only good for 60 days - if the marriage ceremony for which the license was issued is not performed within this timeframe, the license is considered null and void, and the couple must submit a new license application. An average of 13,000 marriage licenses are issued across West Virginia each year – according to reports, approximately 10,680 weddings took place across the state in 2023 alone.

West Virginia marriage records are primarily maintained by the county clerk's office where the marriage license was issued. However, the West Virginia Department of Health and Human Resources, through its Vital Registration Office, also maintains an official statewide repository for these records. West Virginia marriage records are typically restricted to the couple named on the record, their immediate family, guardians, and legal representatives for 50 years, after which they may be accessed and obtained by the general public.

What are Marriage Records?

West Virginia marriage records refer to official documents containing details of valid marriages that occur within the state. These details typically include the full names and dates of birth of the bride and groom, their age at the time of the marriage, their places of residence, the date and location of their marriage ceremony, and the name of the wedding officiant. Note that while marriage licenses and marriage certificates are interchangeably used when referring to West Virginia marriage records, they serve different purposes. Marriage licenses are official documents granting the couple legal permission to marry – these are issued before the wedding ceremony. On the other hand, marriage certificates are official documents that prove that a marriage has occurred – these are issued after the wedding ceremony.

Marriage records in West Virginia are maintained locally and at the state level by county clerks (in the county where the marriage license was originally issued) and the West Virginia Vital Registration Office, respectively. These records can be used for various purposes, such as:

Providing legal proof of marriage for name changes, spousal benefits, and insurance or inheritance claims
Verifying marital status for loans, insurance applications, and other similar claims
Tracing family histories, building family trees, and other genealogical research
Studying historical demographics and analyzing marriage trends to inform public policy

Be aware that these records are not generally accessible to the public until they are 50 years old; before this time, they can only be accessed by the parties named on the record, their immediate family, guardians, or legal representatives. Immediate family in this context includes either of the couple’s parents, siblings, children, present spouses, mother-in-law, father-in-law, son-in-law or daughter-in-law, grandparents, grandchildren, stepparents, and stepchildren.

Marriages in West Virginia

In 2021, West Virginia saw an increase in marriages for the first time since 2011, with a total of 10,774 marriages. Of these, over 97% were male-female marriages, while the rest were same-sex. The state saw a further increase in marriage rates in 2022, rising from 6.0 to 6.1 per 1,000 population. The average age for marriages amongst male-female couples (in 2021) was 33 for brides and 35 for grooms, with the most common age being 25 for both – there were also 35 brides and four grooms under 18, and 226 brides and 399 grooms over 65. Likewise, total marriages among same-sex couples increased from 239 in 2020 to 301 in 2021, with an average age of 34 - the most common age for same-sex marriages was 26, with 15 involving individuals over 65.

Marital trends among West Virginians also vary across racial groups. The highest marriage rates are observed among the Asian population, with approximately 60.3% of them married, followed by the White and Hispanic populations, with 51% and 40.3%, respectively. The Black population had the lowest marriage rates, with only 29% married and about 49% never having been married once. Divorces and annulments across the state also rose by 5.3% from 5,445 in 2020 to 5,736 in 2021, with a rate of 3.2 per 1,000 population. The most common duration of marriage before divorce was three years, with 25% of divorces involving marriages lasting two years or less and 9.2% involving marriages of 25 years or longer. Among these, 113 divorces involved same-sex couples.

Per state law, the legal age for marriage in West Virginia is 18, but individuals aged 16 or 17 can only marry with written consent from both the applicant and their parents or legal guardians. This consent must be acknowledged in front of an authorized official, and both parents or guardians must sign the consent form unless specific circumstances (like death or separation) apply. The age gap between the minor and their intended spouse must not be more than four years, and the minor must also affirm that they are marrying voluntarily and not under pressure. Marriage between close-blood relatives, such as parents, siblings, children, and first cousins, is prohibited in West Virginia. This prohibition also extends to individuals related by marriage and remains even after death or divorce unless the marriage was originally unlawful or void; however, marriages between individuals related solely by adoption may be allowed.

Couples meeting the state’s marriage eligibility criteria can apply for a marriage license at any county clerk’s office. Both parties typically have to appear in person for this, and will be required to provide their full names, Social Security account numbers, places of birth, residence addresses, dates of birth, details of prior marriages (if any), and proof of their age. West Virginia does not require blood tests or physical exams before obtaining a marriage license. There is also no waiting period, so couples can typically receive their license immediately after submitting their application, provided they meet all legal requirements and pay the stipulated fees - marriage licenses typically cost $57 (actual fees may vary by county). However, this fee is usually reduced (to $37) for couples who complete at least four hours of an approved premarital educational course within the 12 months before they apply for their marriage license.

Once the marriage license has been issued, the wedding ceremony must take place within 60 days, or a new license will need to be obtained. The ceremony does not have to be held in the county where the license was issued but must be performed by an authorized officiant. This includes

Family court judges
Circuit court judges
Justices of the Supreme Court of Appeals
Active and senior-status federal court judges and magistrate-judges who are West Virginia residents
Religious representatives (ministers, priests, rabbis, and any leaders or representatives of recognized spiritual assemblies, churches, or religious organizations that do not formally designate individuals as ministers, priests, or rabbis) who have been duly registered with the Secretary of State’s Office

Wedding ceremonies in West Virginia can either be civil (performed by a judge or justice) or religious (performed by a religious representative). Religious representatives can perform wedding ceremonies according to their denomination's customs (and state laws). They must also document each marriage they officiate in the permanent record of their religious institution - this record must include the couple's names, residences, and marriage dates. For civil wedding ceremonies, the couple must stand before the judge or justice, who must follow a laid out procedure that involves asking them (the couple) if they will take each other as spouses, with the standard vows to love, honor, and cherish through various life circumstances. If rings are exchanged, they symbolize the union, and the judge officially pronounces the couple as married.

After the wedding ceremony (whether civil or religious), the officiant must endorse and send the original marriage license to the county clerk who originally issued it for recording and filing. This must be done before the sixth day of the month following the month the marriage took place, or the officiant may be suspended from solemnizing weddings in the state for up to one year.

West Virginia Marriage Certificate

West Virginia marriage certificates are official records that verify legally solemnized marriages that take place in the state. These documents are generated after wedding ceremonies by the county clerk's office, where the marriage license was initially obtained. Couples typically have to request a copy of their marriage certificate (for a fee) from either the county clerk’s office or the state’s Vital Registration Office; these documents are not automatically issued after the wedding ceremony. Copies of these marriage certificates may also be obtained by either the couple’s immediate family or legal representative.

How To Find and Access West Virginia Marriage Records

West Virginia marriage records are generated and managed locally by county clerks; the West Virginia Vital Registration Office also maintains copies at the state level. Be aware that these records are typically restricted for 50 years (from the date the record is created). During this time, only the couple named on the record, their immediate family (including in-laws, grandparents, grandchildren, stepparents, and stepchildren), and legal representatives may access copies. However, marriage records older than 50 years may be accessed and obtained by any interested member of the public.

Accessing West Virginia Marriage Records Online

Many West Virginia counties offer access to online systems through which interested parties can request certified copies of marriage records online, and they typically provide instructions and requirements for accessing these systems on their websites. Be aware that counties only maintain copies of their respective records; as such, requesters must contact the specific county clerk’s office that issued the marriage license to access the required records. There is usually a $5 fee per copy requested; however, actual costs may vary by county.

Alternatively, the West Virginia Vital Registration Office partners with a third-party service provider to receive and process online requests for certified copies of marriage certificates. This office charges a $12 fee per copy requested plus a $13.50 processing fee for online requests (additional charges may also apply depending on the chosen delivery method for the requested records).

The West Virginia Department of Arts, Culture, & History also offers a Vital Research Records Project platform that can be used to search for and view public marriage records (ones older than 50 years). Be aware that record availability via this platform varies by county; the department also doesn’t provide certified copies of available records.

Accessing West Virginia Marriage Records Offline

Marriage records in West Virginia can be accessed offline by contacting the county clerk’s office where the marriage license was issued. The specific procedure for accessing these records at the county level varies by county but typically involves submitting a request form (usually in person or via mail), providing a valid ID, and paying stipulated fees.

Certified copies of marriage certificates can also be accessed and obtained in person from the state’s Vital Registration Office located at:

350 Capitol Street

Room 165

Charleston, WV 25301-3701

Phone: (304) 558-2931

Like the county clerk's offices, requesters will be required to complete and submit a request form (in this case, an Application for Certified Marriage Certificate), provide a valid ID, and pay a $12 fee per copy requested. The request form, supporting documentation, and fees can also be submitted to the Vital Registration Office via mail (using the above address). Same-day service is usually available for in-person requests, while mail orders may take up to three weeks.

References

Counties in West Virginia

List of Content

What are Marriage Records?
Marriages in West Virginia
1. West Virginia Marriage Certificate
How To Find and Access West Virginia Marriage Records
1. Accessing West Virginia Marriage Records Online
2. Accessing West Virginia Marriage Records Offline