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WV Code § 48-1-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-303. Confidentiality of Domestic Relations Court Files

§48-1-303. Confidentiality of domestic relations court files.(a) All orders in domestic relations actions entered in the civil order books by circuit clerks are public records.(b) Upon the filing of a domestic relations action, all pleadings, exhibits or other documents, other than orders, that are contained in the court file are confidential and not open for public inspection either during the pendency of the case or after the case is closed.(c) When sensitive information has been disclosed during a hearing or in pleadings, evidence or documents filed in the record, the court may, sua sponte or upon motion of a party, order such information sealed in the court file. Sealed documents or court files can only be opened by order of a circuit or family court judge.(d) The parties, their designees, their attorneys, a duly appointed guardian ad litem or any other person who has standing to seek modification or enforcement of a support order has the right to examine and copy any document in a confidential court file that has not been sealed by court order. Upon motion and for good cause shown, the court may permit a person who is not a party to the action to examine and copy any documents that are necessary to further the interests of justice.(e) The clerk of the circuit court shall keep a written log of all persons who examine confidential documents as provided for in this section. Every person who examines confidential documents shall first sign the clerk's written log, except for a circuit judge or family court judge before whom the case is pending, or court personnel acting within the scope of their duties. The clerk shall record the time and date of every examination of confidential documents. The log must be retained by the clerk and must be available upon request for inspection by the circuit judge or the family court judge.
WV Code § 48-1-305 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-305. Suit Money, Counsel Fees and Costs

(a) Costs may be awarded to either party as justice requires and in all cases the court, in its discretion, may require payment of costs at any time and may suspend or withhold any order until the costs are paid.(b) The court may compel either party to pay attorney's fees and court costs reasonably necessary to enable the other party to prosecute or defend the action. An order for temporary relief awarding attorney's fees and court costs may be modified at any time during the pendency of the action, as the exigencies of the case or equity and justice may require, including, but not limited to, a modification which would require full or partial repayment of fees and costs by a party to the action to whom or on whose behalf payment of such fees and costs was previously ordered. If an appeal is taken or an intention to appeal is stated, the court may further order either party to pay attorney's fees and costs on appeal.(c) When it appears to the court that a party has incurred attorney fees and costs unnecessarily because the opposing party has asserted unfounded claims or defenses for vexatious, wanton or oppressive purposes, thereby delaying or diverting attention from valid claims or defenses asserted in good faith, the court may order the offending party, or his or her attorney, or both, to pay reasonable attorney fees and costs to the other party.
WV Code § 48-1-306 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-306. Proceeding for Release of Support Lien

If any person deem that his or her interest, or that of any person for whom he or she may act in a fiduciary or representative capacity, will be promoted by a release, in full or in part, of a lien created upon his or her real or personal property for the support or maintenance of another person or persons, or for spousal or child support, he or she may apply by petition, in a summary way, to the court that entered the order or decree creating such lien for relief from said order. The petition shall be verified and shall describe said lien, the circumstances of the petitioner or the person for whom he is acting, the name or names of the person or persons holding such lien, and the circumstances calculated to show the propriety of the release requested. All persons interested shall be made defendants and shall be given ten days' notice before hearing upon the petition. If authorized by the court, the release may be so conditioned as to promote substantial justice, but the release may only be prospective in effect, and may not operate to deprive the person secured by the lien of the right to receive spousal or child support payments accrued to the date of the hearing.
WV Code § 48-2-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-101. Necessity of Marriage License

§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.
WV Code § 48-2-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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) Applicants, regardless of their state or county residency, 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.
WV Code § 48-2-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-104. Contents of the Application for a 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 the female and the male parties, their social security account numbers, dates of birth, places of birth and residence addresses. The application must state whether or not the persons seeking the license have completed premarital education pursuant to section seven hundred one, article two, chapter forty-eight of this code. If the application states that the applicants seeking issuance of the license have completed premarital education, then the applicants must submit a signed and dated certificate of completion issued by the premarital education provider.(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."
WV Code § 48-2-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-201. Form of 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.
WV Code § 48-2-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-301. Age of Consent for Marriage; Exception

§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.
WV Code § 48-2-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.
WV Code § 48-2-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-401. Persons Authorized to Perform Marriages

§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.
WV Code § 48-2-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§48-2-402. Qualifications of Religious Representative for Celebrating Marriages; Registry of Persons Authorized to Perform Marriage Ceremonies; Special Revenue Fund

(a) Beginning September 1, 2001, 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 October 1, 2001, transmit to the Secretary of State the name of every person authorized to celebrate marriages by order issued in his or her county since 1960 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 $25 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 September 1, 2001, 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.(f) The Secretary of State shall promulgate rules to implement the provisions of this section.
WV Code § 48-2-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 2. Marriages|§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.