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WV Code § 48-2-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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."
WV Code § 48-2-405 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-406 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-406. Federal Judges Authorized to Perform Marriages

§48-2-406. Federal judges authorized to perform marriages.Notwithstanding any provision of this code to the contrary, active and senior status judges appointed under Article III of the United States Constitution and federal magistrate-judges, who are residents of this state, are authorized to perform marriages in any county of this state.
WV Code § 48-2-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-501. Unlawful Acts by Clerk of the County Commission; Penalties

§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 $200 nor more than $1,000, 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.
WV Code § 48-2-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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 $500, 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.
WV Code § 48-2-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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 $500, 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.
WV Code § 48-2-504 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-505 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-601 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-601. Belief of Parties in Lawful Marriage Validates Certain Defects

§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.
WV Code § 48-2-602 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-603 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-701. Premarital Education Encouraged; Requirements

§48-2-701. Premarital education encouraged; requirements.(a) Persons applying for a marriage license may attend a premarital education course of at least four hours during the twelve months immediately preceding the date of the application for the license.(b) A premarital education course offers instruction involving marital issues which may include, but not be limited to, the following:(1) Conflict management;(2) Communication skills;(3) Managing finances;(4) Child and parenting responsibilities;(5) Extended family roles; and(6) Key components of a successful marriage.(c) Premarital education course instructors must have training in skills-based and research-based marriage preparation curricula.(d) Premarital education courses may be performed by the following:(1) A professional counselor or marriage and family therapist licensed pursuant to article thirty-one, chapter thirty of this code;(2) A social worker licensed pursuant to article thirty, chapter thirty of this code;(3) A psychiatrist who is licensed as a physician pursuant to article three, chapter thirty of this code;(4) A psychologist who is licensed pursuant to article twenty-one, chapter thirty of this code; or(5) An active member of the clergy or his or her designee, including retired clergy, provided that a designee is trained in skills-based and research-based marriage preparation curricula premarital education.(e) The premarital education course curricula must meet the requirements of this section and provide a skills-based and research-based curricula of the following:(1) The National Healthy Marriage Resource Center;(2) A church, spiritual assembly, or religious organization; or(3) Other substantially similar resource.(f) The Department of Health and Human Resources shall maintain an Internet website on which individuals and organizations described in subsection (c) may electronically register with the department to indicate the skills-based and research-based curriculum in which the registrant is trained.(g) The premarital education provider shall furnish each participant, who completes the premarital education required by this section, a certificate of completion.
WV Code § 48-2-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-702. Marriage Education Fund

(a) There is hereby created a special revenue account within the State Treasury known as the Marriage Education Fund. The account shall be administered by the Secretary of the Department of Health and Human Resources.(b) Any balance in the account at the end of each fiscal year shall not revert to the general revenue fund but shall remain in the account and be expended as provided by in this section.(c) The account shall consist of all fees collected under the provisions of paragraph (C), subdivision (4), subsection (c), of section ten, article one, chapter fifty-nine of this code, legislative appropriations, and all interest or other returned earned from investment of the fund.(d) Expenditures from the account shall be made by the secretary for the purposes set forth in section seven-hundred-one of this article, and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for fiscal year ending June 30, 2013, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
WV Code § 48-3-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-101. Right to Sue to Annul or Affirm Marriage

(a) Except as otherwise provided in subsection (b) of this section, an action to annul or affirm a marriage is not maintainable unless one of the parties is a resident of this state at the time the action is commenced.(b) Even if neither party is a resident of this state, an action to annul a marriage that was performed in this state is maintainable if the parties have not established a matrimonial domicile elsewhere.
WV Code § 48-3-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-102. Venue of Actions for Annulment or Affirmation

(a) If the respondent to an action for annulling or affirming a marriage is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.(b) If the respondent to an action for annulling or affirming a marriage is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides.(c) If neither party is a resident of this state, the action must be brought in the county where the marriage was performed.
WV Code § 48-3-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-103. Voidable Marriages

The following marriages are voidable and are void from the time they are so declared by a judgment order of nullity:(1) Marriages that are prohibited by law on account of either of the parties having a wife or husband of a prior marriage, when the prior marriage has not been terminated by divorce, annulment or death;(2) Marriages that are prohibited by law on account of consanguinity or affinity between the parties;(3) Marriages solemnized when either of the parties:(A) Was mentally incompetent;(B) Was afflicted with a sexually transmitted disease;(C) Was incapable, because of natural or incurable impotency of the body, of entering into the marriage state;(D) Was under the age of consent; or(E) Had been, prior to the marriage and without the knowledge of the other party, convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States;(4) Marriages solemnized when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband.
WV Code § 48-3-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-104. Affirmation or Annulment of Marriage

If a marriage is supposed to be void, or voidable, or any doubt exists as to its validity, for any of the causes set forth in section 3-103, or for any other cause recognized in law, either party may, except as provided in section 3-105, institute an action for annulling or affirming the marriage. Upon hearing the proofs and allegations of the parties, the court shall enter a judgment order annulling or affirming the marriage. In every case where the validity of a marriage is called into question, it is presumed that the marriage is valid, unless the contrary is clearly proved. If the court orders that the marriage is valid, the finding of the court is conclusive upon all persons concerned.
WV Code § 48-3-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-105. What Persons May Not Institute Annulment Action

An action for annulling a marriage may not be instituted:(a) Where the cause is the natural or incurable impotency of body of either of the parties to enter the marriage state, by the party who had knowledge of such incapacity at the time of marriage;(b) Where the cause is fraud, force or coercion, by the party who was guilty of such fraud, force or coercion, nor by the injured party if, after knowledge of the facts, he or she has by acts or conduct confirmed such marriage;(c) Where the cause is affliction with a sexually transmitted disease existing at the time of marriage, by the party who was so afflicted if such party has subsequent to the marriage become cured of such disease, nor by the person who was not so afflicted if he or she after the curing of the afflicted person has by acts or conduct confirmed the marriage;(d) Where the cause is the nonage of either of the parties, by the party who was capable of consenting, nor by the party not so capable if he or she has by acts or conduct confirmed the marriage after arriving at the age of consent; or(e) Where the cause is lack of consent on the part of either of the parties, by the party consenting or bringing about the marriage;(f) Where the cause is that either of the parties has been convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States prior to marriage, by the other party if, after knowledge of such fact, he or she has cohabited with the party so convicted; or(g) Where the cause is that the wife was at the time of marriage with child by some person other than the husband, by the husband, if after knowledge of the fact he has cohabited with the wife.
WV Code § 48-3-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-106. Relief Ordered in Annulment

In an action for annulment, the court may order all or any portion of the final relief provided for in sections 5-603 through 5-614 and all or any portion of the temporary relief provided for in part 5, article 5 of this chapter.
WV Code § 48-3-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife|§48-3-107. Modification of Order Granting Annulment

Upon the petition of either party, the court may revise or alter an order entered in an action for annulment or make further orders, concerning the following matters:(1) The support and maintenance of either spouse;(2) The interest of one spouse in the property of the other spouse;(3) The allocation of responsibility for the children of the parties; and(4) The support of the children of the parties.
WV Code § 48-4-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 4. Separate Maintenance|§48-4-101. Where an Action for Separate Maintenance May Be Brought

An action for separate maintenance may be brought in the family court of any county where an action for divorce between the parties could be brought. An action for separate maintenance may be brought whether or not a divorce is prayed for.
WV Code § 48-4-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 4. Separate Maintenance|§48-4-102. Grounds for Separate Maintenance

Separate maintenance may be ordered:(1) If the party seeking separate maintenance has grounds for divorce; or(2) If the party from whom separate maintenance is sought, without good and sufficient cause:(A) Has failed to provide suitable support for the other spouse; or(B) Has abandoned or deserted the other spouse.
WV Code § 48-4-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 4. Separate Maintenance|§48-4-103. Award of Relief in Action for Separate Maintenance

(a) In an action for separate maintenance, the court may order all or any portion of the temporary or final relief that the court may order in an action for divorce, other than a divorce.(b) During the pendency of the action, the court has the same powers to make temporary orders as the court would have in actions for divorce, insofar as those powers are applicable, on behalf of either spouse.(c) Any order entered in the case is effective during the time the court by its order directs, until further order of the court.
WV Code § 48-4-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 4. Separate Maintenance|§48-4-104. Modification of Order Awarding Separate Maintenance

Upon the petition of either party, the court may revise or alter an order entered in an action for separate maintenance, or may make further orders, concerning the following matters:(1) The support and maintenance of either spouse;(2) The interest of one spouse in the property of the other spouse;(3) The allocation of responsibility for the children of the parties; and(4) The support of the children of the parties.
WV Code § 48-5-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 5. Divorce|§48-5-101. Absolute Divorce

§48-5-101. Absolute divorce.A divorce ordered in this state is an absolute divorce.