West Virginia Annulment Laws: Grounds, Bars and How to File (2026)

Yes, West Virginia courts grant annulments. Under W. Va. Code § 48-3-104, either spouse may bring an action "for annulling or affirming the marriage," and the grounds are listed in § 48-3-103, with limits on who may sue in § 48-3-105. One feature surprises many readers: West Virginia's statute treats a bigamous marriage and a marriage between prohibited relatives as voidable rather than automatically void.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment under Chapter 48 of the West Virginia Code, mainly Article 3 (§§ 48-3-101 through 48-3-107), § 48-2-101 on licenses and § 48-2-301 on age. It does not cover religious annulment, name changes, parentage presumptions for children, inheritance, protections for a spouse who married in good faith, or other states' law. For ending a valid marriage, see West Virginia divorce laws.

Can you get an annulment in West Virginia?

Yes. Section 48-3-104 sets out the action:

"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."

Two points stand out. First, the action runs both ways: a spouse who doubts the marriage's validity can ask the court to affirm it, not only to annul it. Second, the grounds are not limited to the § 48-3-103 list, because the section also reaches "any other cause recognized in law."

The same section sets the starting presumption. In every case where the validity of a marriage is called into question, the marriage is presumed valid unless the contrary is clearly proved.

Void and voidable marriages in West Virginia

A void marriage never has legal effect. A voidable marriage is valid until a court sets it aside. West Virginia's statutes put almost every ground in the second group.

The void case: no marriage license (§ 48-2-101)

Section 48-2-101 provides: "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."

Everything in § 48-3-103 is voidable

Section 48-3-103 opens by saying the marriages it lists "are voidable and are void from the time they are so declared by a judgment order of nullity." That wording covers a marriage made while one spouse still had a living spouse from an undissolved marriage, and a marriage between relatives the law prohibits from marrying. Those marriages are not automatically void under West Virginia's statute; they are voidable until a court declares them void.

Grounds for annulment in West Virginia

The table below lists the grounds in § 48-3-103 and the related limits in § 48-3-105. Under § 48-3-104, either party may file unless § 48-3-105 bars that party. Neither section states a filing deadline for these grounds; the bars in § 48-3-105 work through the parties' knowledge and conduct instead.

Prohibited relatives

Section 48-3-103(2) refers to marriages "prohibited by law on account of consanguinity or affinity between the parties." The prohibited relationships are listed in § 48-2-302. That list includes first cousins and double cousins, and the prohibition based on affinity (relationship by marriage) continues after death or divorce.

The conviction ground

This ground is unusual. Section 48-3-103(3)(E) covers a spouse who "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." The other spouse loses the claim by cohabiting with the convicted spouse after finding out (§ 48-3-105(f)).

Fraud, force or coercion

Section 48-3-103 does not list fraud, but § 48-3-105(b) recognizes it as a cause and says who may not sue on it. The claim may not be brought "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."

Underage marriage in West Virginia (§ 48-2-301)

Section 48-2-301(a) provides: "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." The section's history lists 2023 Regular Session House Bill 3018.

West Virginia has not set an absolute minimum age of 18. Under § 48-2-301, a county clerk may issue a license to a 16- or 17-year-old only with the written consent of the applicant and of the applicant's parent or parents or legal guardian or guardians, and not if the intended spouse is more than four years older. The applicant must also affirm that the choice to marry is free and not the product of duress or coercion.

A minor married this way has a specific route out. Section 48-2-301(e) provides: "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."

Separately, nonage is a ground under § 48-3-103(3)(D), subject to the § 48-3-105(d) bar on a party who confirmed the marriage by acts or conduct after reaching the age of consent. Section 48-2-301(f) says the section does not annul a marriage entered before its re-enactment during the 2023 Regular Session.

How to file for an annulment in West Virginia

Residency. Under § 48-3-101, an annulment action cannot be maintained unless one of the parties is a West Virginia resident when it is commenced. If neither party is a resident, the action can still be maintained for a marriage performed in West Virginia, as long as the parties have not established a matrimonial domicile elsewhere.

Venue. Under § 48-3-102, if the respondent is a West Virginia resident, the action may be brought in the county where the parties last cohabited or where the respondent resides. If the respondent is a nonresident, it may be brought in the county where the parties last cohabited or where the petitioner resides. If neither party is a resident, it must be brought in the county where the marriage was performed.

Court. Annulment actions are heard in family court (§ 51-2A-2(a)(1)). If no parenting plan, allocation of responsibility for children or child support is involved and both parties file a signed property settlement agreement when the action is filed, the circuit court also has jurisdiction (§ 51-2A-2(b)).

Forms. The West Virginia Judiciary's Family Court Forms page lists divorce forms, including the Petition for Divorce (SCA-FC-101), the Petitioner's Civil Case Information Statement (SCA-FC-103) and the Affidavit of Out-of-State or Unknown Residency (SCA-FC-110). This page does not link a dedicated annulment form. Legal Aid of West Virginia, a nonprofit, offers guided self-help forms under a topic covering custody, divorce, separation and annulment. Ask the clerk in the county where you plan to file what the court requires.

Property, support and children after an annulment

An annulment in West Virginia can carry the same kinds of orders as a divorce. Section 48-3-106 lets the court order all or any portion of the final relief in §§ 48-5-603 through 48-5-614, along with temporary relief under Part 5 of Article 5. Those final-relief sections cover children, use of the marital home, equitable distribution of property, fees and other matters, and the temporary relief in Part 5 includes temporary spousal support (§ 48-5-502).

The property-division statute names annulment expressly. Section 48-7-101 provides that, "Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties."

Orders can change later. Under § 48-3-107, either party may petition to revise orders on spousal support, property interests, allocation of responsibility for children and child support. For how custody is decided, see West Virginia child custody laws.

This page does not cover parentage presumptions for children born to a couple whose marriage is annulled, or restoring a former name.

Annulment vs. divorce in West Virginia

A divorce ends a valid marriage, while an annulment declares that a marriage is void, which for a § 48-3-103 marriage takes effect from the judgment order of nullity. For divorce grounds and residency, see West Virginia divorce laws. If you are unsure whether a marriage formed without a ceremony exists at all, see West Virginia common-law marriage.

A church annulment and a court annulment are separate processes.

Disclaimer: This article provides general legal information about annulment under Chapter 48 of the West Virginia Code, verified on 2026-10-10. It is not legal advice. For advice about a specific marriage, consult a lawyer licensed in West Virginia or contact the clerk of the court where you would file.

Related

• Annulment laws in every state
• West Virginia divorce laws
• West Virginia common-law marriage
• West Virginia marriage and divorce records
• West Virginia child custody laws

Last updated: 2026-10-10.

Frequently Asked Questions

What are the grounds for annulment in West Virginia?

Section 48-3-103 lists a prior undissolved marriage, prohibited relatives, mental incompetence, a sexually transmitted disease, natural or incurable impotency, being under the age of consent, an undisclosed conviction punishable by more than a year in prison, and a wife's undisclosed pregnancy by another man. Fraud, force or coercion is recognized in § 48-3-105(b), and § 48-3-104 also reaches any other cause recognized in law.

Is a bigamous marriage void in West Virginia?

Not automatically. Section 48-3-103 lists a marriage made while a prior marriage was still in force as voidable, meaning it is void from the time a judgment order of nullity declares it so. Either party may bring the action under § 48-3-104.

Is there a time limit to get an annulment in West Virginia?

Sections 48-3-103 and 48-3-105 do not state a filing deadline. Instead, § 48-3-105 bars some claims once a party confirms the marriage by acts or conduct, or cohabits, after learning the facts, and § 48-2-301(e) lets a 16- or 17-year-old married with consents petition without parental consent until turning 18.

Can a 16- or 17-year-old get married in West Virginia?

Yes, with conditions. Under § 48-2-301, the clerk may issue a license only with the written consent of the applicant and a parent or guardian, and not if the intended spouse is more than four years older; the age of consent without those consents is 18.

What happens to property after an annulment in West Virginia?

The court may order property, support and child-related relief under § 48-3-106, and § 48-7-101 directs equal division of marital property upon every judgment of annulment, except as that section otherwise provides.

Do I have to be a West Virginia resident to get an annulment there?

One party must be a resident when the action is commenced. If neither is, the action can be maintained for a marriage performed in West Virginia if the parties have not established a matrimonial domicile elsewhere (§ 48-3-101).