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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-224. Employer Defined

"Employer" means any individual, sole proprietorship, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state and any other legal entity which hires and pays an individual for his services.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-225. Extraordinary Medical Expenses Defined

"Extraordinary medical expenses" means uninsured medical expenses in excess of $250 per year per child which are recurring and can reasonably be predicted by the court at the time of establishment or modification of a child support order. Such expenses shall include, but not be limited to, insurance copayments and deductibles, reasonable costs for necessary orthodontia, dental treatment, asthma treatments, physical therapy, prescription pharmaceuticals, vision therapy and eye care and any uninsured chronic health problem.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-230. Income Defined

"Income" includes, but is not limited to, the following:
(1) Commissions, earnings, salaries, wages and other income due or to be due in the future to an individual from his or her employer and successor employers;
(2) Any payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, Social Security, unemployment compensation, supplemental employment benefits, workers' compensation benefits, state lottery winnings and prizes and overtime pay;
(3) Any amount of money which is owing to an individual as a debt from an individual, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state or any other legal entity which is indebted to the obligor;
(4) Any amount of money which is held by the Regional Jail Authority for an inmate in an inmate's concession account.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-231. Individual Entitled to Support Enforcement Services Under the Provisions of This Chapter and the Provisions of Title IV-D of the Federal Social Security Act Defined

(a) "Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act" means:
(1) An individual who has applied for or is receiving services from the Bureau for Child Support enforcement and who is the parent of a child, or the caretaker of a child, or the guardian of the property of a child when:
(A) The child has a parent and child relationship with an obligor who is not a custodial parent, a caretaker or a guardian; and
(B) The obligor with whom the child has a parent and child relationship is not meeting an obligation to support the child, or has not met such obligation in the past; or
(2) An individual who has applied for or is receiving services from the Bureau for Child Support enforcement and who is an adult or an emancipated minor whose spouse or former spouse has been ordered by a court of competent jurisdiction to pay spousal support to the individual, whether such support is denominated spousal support or separate maintenance, or is identified by some other terminology, thus establishing a support obligation with respect to such spouse, when the obligor required to pay such spousal support is not meeting the obligation, or has not met such obligation in the past; or
(3) Any individual who is an obligee in a support order, entered by a court of competent jurisdiction after December 31, 1993.
(b) The filing of an action wherein the establishment or enforcement of child support is an issue constitutes an application to receive services from the Bureau for Child Support enforcement, if the individual filing the action is otherwise eligible for such services: Provided, That any such individual has the option to decline the receipt of such services.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-233. Marital Property Defined

"Marital property" means:
(1) All property and earnings acquired by either spouse during a marriage, including every valuable right and interest, corporeal or incorporeal, tangible or intangible, real or personal, regardless of the form of ownership, whether legal or beneficial, whether individually held, held in trust by a third party, or whether held by the parties to the marriage in some form of coownership such as joint tenancy or tenancy in common, joint tenancy with the right of survivorship, or any other form of shared ownership recognized in other jurisdictions without this state, except that marital property does not include separate property as defined in section 1-238; and
(2) The amount of any increase in value in the separate property of either of the parties to a marriage, which increase results from: (A) An expenditure of funds which are marital property, including an expenditure of such funds which reduces indebtedness against separate property, extinguishes liens, or otherwise increases the net value of separate property; or (B) work performed by either or both of the parties during the marriage.
The definition of "marital property" contained in this section has no application outside of the provisions of this article, and the common law as to the ownership of the respective property and earnings of a husband and wife, as altered by the provisions of article 29 of this chapter and other provisions of this code, are not abrogated by implication or otherwise, except as expressly provided for by the provisions of this article as such provisions are applied in actions brought under this article or for the enforcement of rights under this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-233.1. Mediation Defined

"Mediation" means a method of alternative dispute resolution in which a neutral third person helps resolve a dispute. Mediation is an informal, nonadversarial process whereby the neutral third person, the mediator, assists parties to a dispute to resolve, by agreement, some or all of the differences between them. The mediator has no authority to render a judgment on any issue of the dispute.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-234. Obligee Defined

"Obligee" means:
(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(2) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(3) An individual seeking a judgment determining parentage of the individual's child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-235. Obligor Defined

"Obligor" means an individual or the estate of a decedent:
(1) Who owes or is alleged to owe a duty of support;
(2) Who is alleged, but has not been adjudicated, to be a parent of a child; or
(3) Who is liable under a support order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-235.2. Parenting Functions Defined

"Parenting functions" means tasks that serve the needs of the child or the child's residential family. Parenting functions include caretaking functions, as defined in section 1-210. Parenting functions also include functions that are not caretaking functions, including:
(A) Provision of economic support;
(B) Participation in decision-making regarding the child's welfare;
(C) Maintenance or improvement of the family residence, home or furniture repair, home-improvement projects, yard work and house cleaning;
(D) Financial planning and organization, car repair and maintenance, food and clothing purchasing, cleaning and maintenance of clothing, and other tasks supporting the consumption and savings needs of the family; and
(E) Other functions usually performed by a parent or guardian that are important to the child's welfare and development.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-235.4. Permanent Parenting Plan Defined

"Permanent parenting plan" means a plan for parenting a child that is incorporated into a final order or subsequent modification order in a domestic relations action. The plan principally establishes, but is not limited to, the allocation of custodial responsibility and significant decision-making responsibility and provisions for resolution of subsequent disputes between the parents.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-237. Separate Property Defined

"Separate property" means:
(1) Property acquired by a person before marriage;
(2) Property acquired by a person during marriage in exchange for separate property which was acquired before the marriage;
(3) Property acquired by a person during marriage, but excluded from treatment as marital property by a valid agreement of the parties entered into before or during the marriage;
(4) Property acquired by a party during marriage by gift, bequest, devise, descent or distribution;
(5) Property acquired by a party during a marriage but after the separation of the parties and before ordering an annulment, divorce or separate maintenance; or
(6) Any increase in the value of separate property as defined in subdivision (1), (2), (3), (4) or (5) of this section which is due to inflation or to a change in market value resulting from conditions outside the control of the parties.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-238. Separation Defined

"Separation" or "separation of the parties" means the uninterrupted separation of a husband and wife for some continuous period of time during which they do not cohabit or otherwise live together as husband and wife. When a separation is required as a predicate for filing an action under this article, the separation must continue through the date of filing.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-239. Shared Parenting Defined

(a) "Shared parenting" means either basic shared parenting or extended shared parenting.
(b) "Basic shared parenting" means an arrangement under which one parent keeps a child or children overnight for less than 35 percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.
(c) "Extended shared parenting" means an arrangement under which each parent keeps a child or children overnight for more than 35 percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.
(d) In any case where, in the absence of an agreement between the parents, a court orders shared parenting; the order shall be in writing and include specific findings of fact supporting the Courts determination.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-241a. Shared Physical Custody Defined

"Shared physical custody" means a child has periods of residing with, and being under the supervision of, each parent consistent with the provisions of 48-9-206 of this code:
Provided
, That physical custody shall be shared by the parents in such a way as to assure a child has frequent and continuing contact with both parents. Such frequent and continuing contact with both parents is rebuttably presumed to be in the best interests of the child unless the evidence shows otherwise.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-243. Spousal Support in Gross Defined

"Spousal support in gross" means spousal support payable either in a lump sum, or in periodic payments of a definite amount over a specific period of time. A spousal support award is "spousal support in gross" only if the award grants spousal support in such terms that a determination can be made of the total amount to be paid as well as the time such payments will cease.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-244. Support Defined

"Support" means the payment of money, including interest:
(1) For a child or spouse, ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of five percent per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;
(2) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; or
(3) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-245. Support Order Defined

(a) For cases being enforced pursuant to Title IV-D of the Social Security Act, "support order" means a judgment, decree or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearage or reimbursements, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
(b) For all other cases, "support order" means an order as defined in subsection (a) of this section and, in addition, an order for the support and maintenance of a spouse or former spouse.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-301. Communications Between Clergy and Party

RELATING TO DOMESTIC RELATIONS.
§48-1-301. Communications between clergy and party.
(a) A party to a domestic relations action cannot compel a member of the clergy to testify regarding any communications or statements made to the member of the clergy in his or her capacity as spiritual counselor or spiritual adviser by a party to the action, if the following conditions exist:
(1) Both the clergy and the party making such communications or statements claim that the communications or statements were made to the clergy in his capacity as a clergy and spiritual counselor or spiritual adviser to such party;
(2) No person, other than a member of the clergy, a party and the spouse of the party, was present when such communications or statements were made; and
(3) The party making such communications or statements does not either consent to their disclosure or otherwise waive the privilege granted by this section.
(b) The privilege granted by this section shall be in addition to and not in derogation of any other privileges recognized by law.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-302. Calculation of Interest

(a) Notwithstanding any other provisions of the code, if an obligation to pay interest arises under this chapter, the rate of interest is five percent per annum and proportionate thereto for a greater or lesser sum, or for a longer or shorter time. Interest awarded shall only be simple interest and nothing in this section may be construed to permit awarding of compound interest. Interest accrues only upon the outstanding principal of such obligation.
(b) Notwithstanding any other provision of law, no court may award or approve prejudgment interest in a domestic relations action against a party unless the court finds, in writing, that the party engaged in conduct that would violate subsection (b), Rule 11 of the West Virginia Rules of Civil Procedure. If prejudgment interest is awarded, the court shall calculate prejudgment interest from the date the offending representation was presented to the court pursuant to subsection (a) of this section.
(c) Upon written agreement by both parties, an obligor may petition the court to enter an order conditionally suspending the collection of all or part of the interest that has accrued on past-due child support prior to the date of the agreement: Provided, That said agreement shall also establish a reasonable payment plan which is calculated to fully discharge all arrearages within sixty months. Upon successful completion of the payment plan, the court shall enter an order which permanently relieves the obligor of the obligation to pay the accrued interest. If the obligor fails to comply with the terms of the written agreement, then the court shall enter an order which reinstates the accrued interest.
(d) Amendments to this section enacted by the Legislature during the 2006 regular session shall become effective January 1, 2007.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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."
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-106. Proof of Age

At the time of the execution of the application, the clerk or other person administering the oath to the applicants shall require evidence of the age of each of the applicants and shall not issue a license until it has been confirmed that each applicant satisfies the age requirements for marriage set forth by 48-2-301 of this code. 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.
PART 3. CAPACITY TO MARRY.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 2. Marriages › §48-2-301. Age of Consent for Marriage; Exception

(a) The age of consent for marriage for all persons, both male and female, is 18 years of age. A person under the age of 18 lacks the capacity to marry without the consents 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 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.
(c) An applicant who is under the age of 18 but who is at least 16 years of age must give his or her signed and acknowledged affirmation that he or she is freely and voluntarily choosing to enter into a marriage with the person named in the application as part of the written consent required by this section. The applicant must also provide, as part of the same written consent, a signed and acknowledged affirmation that his or her decision to enter into the marriage is not the product of duress or coercion by any person.
(d) A consent to marry must be duly acknowledged before an officer authorized to acknowledge a deed. If the parents of the applicant 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 signature of the applicant's legal guardian or guardians is required. If one parent is dead, the signature of the surviving parent or the applicant's legal guardian or guardians is required. If both parents are dead, the signature of the applicant's legal guardian or guardians is required. If the parents of the applicant are living separate and apart, the signature of the parent or parents having decision-making authority for the applicant, or the applicant's legal guardian or guardians is required:
Provided
, That, if the applicant's parents are separate and apart or divorced but have substantially equal parenting rights over the applicant, the signature of both parents is required.
(e) A person who is under the age of 18 but at least 16 years of age and who is married in accordance with the provisions of this section may petition, without the consent of his or her parents or legal guardian or guardians, for an annulment of that marriage until he or she reaches 18 years of age.
(f) Nothing in this section may serve to annul or void a marriage entered into prior to the re-enactment of this statute during the 2023 Regular Session of the Legislature, nor shall it serve to annul or void an otherwise legal marriage entered into in a jurisdiction outside of the State of West Virginia.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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."
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.