West Virginia Marriage License Requirements 2026: Fee, No Wait

In West Virginia, the county clerk issues marriage licenses, and you can apply in any of the state's counties no matter where you live. Under Chapter 48, Article 2 of the West Virginia Code, there is no waiting period, the license is void if you do not marry within 60 days, and the statutory fee is $55, or $35 with a premarital education certificate, although several counties charge $2 more. The age to marry is 18, with an exception for 16- and 17-year-olds who have written parental consent.

For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting a marriage license and marrying in West Virginia under Chapter 48, Article 2 of the West Virginia Code and the clerk fee schedule in section 59-1-10, with procedures from the Monongalia, Cabell, Berkeley and Hancock county clerks. It does not cover divorce, ordering older marriage records, common-law marriage, or the rules of other states.

Where to Get a Marriage License in West Virginia

Marriage licenses come from the clerk of the county commission, usually called the county clerk. Every marriage in West Virginia must be performed under a license issued by a county clerk, and a ceremony without one is void (W. Va. Code 48-2-101).

You do not have to apply where you live. Section 48-2-102 states: "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." The license is good for a ceremony anywhere in West Virginia, but Monongalia, Cabell and Berkeley counties note that it is valid only for ceremonies inside the state.

The clerk can take applications and issue licenses whenever the office is officially open (48-2-102(b)), but only at the clerk's office and not on a Sunday or legal holiday (48-2-501(a)). No county page checked for this article offers an online or remote application.

Both of you sign under oath

Section 48-2-105 provides: "Both female and male parties to a contemplated marriage are required to sign the application for a marriage license, under oath." The statute lets the application be signed before the clerk or another person authorized to administer oaths, but three of the county offices checked require you to appear together. Cabell County says the parties "must come to the County Clerk's office together to apply," and Monongalia and Berkeley also require both of you to appear. Hancock County's page does not say, so call ahead.

What to Bring

Under 48-2-104, the application states both parties' full names, Social Security numbers, dates of birth, places of birth and residence addresses. A party who has no Social Security number because they are a legal alien gives a visa number or an equivalent instead. The application also asks whether you completed premarital education, and if you did, you attach the signed, dated certificate.

The clerk must obtain evidence of each applicant's age (48-2-104 and 48-2-106). Acceptable evidence includes:

• A certified birth certificate or a reproduction of one
• A voter registration certificate
• A driver's or chauffeur's license
• An affidavit of both parents or a guardian
• Other good and sufficient evidence of age

County offices add their own expectations. Expect to show photo ID and a Social Security number or passport. Berkeley County says a copy of a passport is not enough and that "Proof of current residency and age is required," even though the statute lets nonresidents apply. If either of you was married before, Monongalia and Cabell counties ask for the exact date the earlier marriage ended and whether it ended by death, divorce or annulment. Berkeley County requires the signed divorce decree if the divorce became final within the past 30 days.

How Much a West Virginia Marriage License Costs

The clerk fee schedule in W. Va. Code 59-1-10(c) sets the fee at "Fifty-five dollars for issuance of marriage license and other duties pertaining to the marriage license." The fee drops to $35 if you present a premarital education certificate dated within one year of your application.

The statute splits the money among several funds: $1 for the state registration fee, $15 for the Family Protection Shelter Support Act and $10 for the Courthouse Facilities Improvement Fund. Without a premarital certificate, $20 more goes to the State Treasury ($5 for the shelter act, $5 for the Fund for Civil Legal Services for Low Income Persons and $10 for the Marriage Education Fund).

What counties actually charge

Every county clerk page checked for this article charges $2 more than the figures in section 59-1-10(c): $57, or $37 with a premarital certificate. No county page explains the difference. A separate statute, W. Va. Code 5A-8-15(h), requires clerks to collect an additional $2 records-preservation fee on documents filed for recording, which likely accounts for it. Expect to pay what your county clerk lists, and confirm it before you go.

We could not reach an official page for Kanawha County or other large counties, so they are not listed. The county clerk's own page is the final word, and fees can change.

The premarital education discount

Under 48-2-701, you may take a premarital education course of at least four hours during the 12 months before you apply. The course must be taught by one of the following:

• A licensed counselor or marriage and family therapist
• A licensed social worker
• A licensed psychiatrist or psychologist
• Active or retired clergy, or a trained designee

The curriculum must be skills-based and research-based, such as material from the National Healthy Marriage Resource Center, a religious organization, or something substantially similar. The provider gives you a certificate of completion, which you attach to the application. Berkeley County asks for "signed proof of four (4) hours of Marital Counseling."

Waiting Period: None Since June 2023

West Virginia has no waiting period. The former 3-day wait in W. Va. Code 48-2-103 was repealed by House Bill 3018, effective June 9, 2023, and the section now reads only "[Repealed.]" County offices confirm same-day use. Cabell County says licenses are "Issued while you wait, effective immediately after issued," and Hancock County says "No waiting period."

You may still see the old rule in two places. Section 48-2-501(a)(2) still refers to "the required three-day period," and Berkeley County's marriage license sheet still says there is a three-day waiting period for underage applicants. Both are leftovers from before the repeal. The repeal controls, so the law sets no waiting period for any applicant. If a 16- or 17-year-old is applying in Berkeley County, call the clerk first.

How Long the License Is Valid

You have 60 days. Section 48-2-202(c) states: "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." Monongalia, Cabell, Hancock and Berkeley counties all list the same 60-day window.

If the clerk has not received the original license within 60 days after its expiration date, the clerk must notify each applicant by certified mail, return receipt requested.

Age Requirements: 18, With an Exception for 16 and 17

Section 48-2-301(a) states: "The age of consent for marriage for all persons, both male and female, is 18 years of age." West Virginia did not ban marriage under 18, however. A 16- or 17-year-old can still get a license if all of these conditions are met:

1. The applicant and the applicant's parent(s) or legal guardian(s) give valid written consent, acknowledged before an officer authorized to take an acknowledgment of a deed.
2. The person the minor plans to marry is no more than 4 years older than the minor. If the age gap is larger, the license may not be issued.
3. The minor signs an acknowledged affirmation that the choice to marry is free and voluntary and not the product of duress or coercion.

Who signs the consent depends on the family. Both parents sign if they live together. If one parent has died, the surviving parent or a guardian signs. If the parents are separated, the parent or parents with decision-making authority sign, and both sign if they have substantially equal parenting rights.

A 16- or 17-year-old who marries may petition for an annulment without a parent's consent until turning 18. The statute's exception reaches only applicants who are at least 16, and Monongalia County's page states that applicants under 16 cannot marry.

These rules come from House Bill 3018 of 2023, enacted as Chapter 114 of the 2023 Acts. The Governor approved it on March 28, 2023, and it took effect June 9, 2023. The same act repealed the waiting period and amended section 48-2-106. A minor weighing this step may also want to read about West Virginia emancipation laws.

Pending bill on minor applicants (not law)

House Bill 5128 of 2026 would require 16- and 17-year-old applicants to be West Virginia residents. It was introduced February 3, 2026, and the legislature's bill history shows it referred to the Judiciary Committee with no further action. It is not law.

Who Cannot Marry in West Virginia

Section 48-2-302 lists the relatives you may not marry. A man may not marry his "mother, grandmother, sister, daughter, granddaughter, half sister, aunt, brother's daughter, sister's daughter, first cousin or double cousin," and a parallel list applies to a woman. First cousins and double cousins are both barred.

The bar covers relationships by blood. For relationships by marriage, it continues after a death or divorce unless the divorce was for a cause that made the marriage unlawful or void from the start.

Marrying a blood relative within these degrees is a misdemeanor punishable by a fine of up to $500, up to 6 months in jail, or both (48-2-503). That includes West Virginia residents who marry out of state to get around the rule and then return to live together, and 48-2-602 applies West Virginia law to such out-of-state marriages.

Blood Tests and Medical Requirements

The marriage license sections of Chapter 48, Article 2 contain no blood test or medical exam requirement.

Who Can Perform the Ceremony

Section 48-2-401 states: "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." Section 48-2-406 adds active and senior-status federal (Article III) judges and federal magistrate judges who live in West Virginia.

A "religious representative" means a minister, priest or rabbi, and includes a leader or representative of a generally recognized spiritual assembly, church or religious organization that does not formally designate ministers.

Religious officiants must register

West Virginia requires religious officiants to register. Under 48-2-402, the Secretary of State authorizes a person who shows that they are at least 18, are duly authorized to perform marriages by their church, synagogue, spiritual assembly or religious organization, and are in regular communion with it. The statutory fee may not exceed $25.

The Secretary of State handles registration online. Its licensing page asks for proof of age, authorization to perform marriages, a letter of good standing, and "A copy of an ordination certificate or ministerial license." The office keeps a searchable Marriage Celebrant database, so you can confirm your officiant is registered. Cabell County puts it this way: couples "must be married by a minister that is registered in the State of West Virginia or Judicial Judge."

Under 48-2-402, a marriage performed by a person authorized by law is not invalid solely because that person was not listed in the registry. Still, registering first is what the law requires of the officiant.

No statute, court decision or Secretary of State guidance reviewed for this article addresses online ordination specifically. If your officiant was ordained online, check with the Secretary of State's office whether they can register before the wedding. The code reviewed provides no one-day designation for a friend or relative and no self-uniting option.

Courthouse weddings and witnesses

County clerks did not offer ceremonies on any page checked. To be married by a judge, you make your own arrangements; Berkeley County tells couples to contact the 24th Family Court Circuit. The code sections reviewed set no witness requirement.

After the Ceremony

The officiant keeps the license, endorses on it the fact, time and place of the marriage, and sends it back. Section 48-2-202(b) states: "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." So a wedding on June 20 must be reported before July 6.

An officiant who willfully fails to endorse and return the license has their authority to perform marriages suspended for 6 months to 1 year (48-2-504). Religious representatives also keep a permanent record of the marriage in their organization's records (48-2-405).

Once the license comes back, the clerk records the marriage (48-2-203). Berkeley County explains its practice: the clerk registers the returned license and then issues the marriage certificate, which is not mailed automatically. Anyone may drop off the signed license, a third party picking up the certificate needs the couple's written authorization, and mailing requires a written request.

To order certified copies later, see West Virginia marriage and divorce records. If you plan to change your surname, see West Virginia name change laws and our guide to changing your name after marriage.

Common Myths About West Virginia Marriage Licenses

• "West Virginia banned child marriage in 2023." HB 3018 set 18 as the age of consent but still allows 16- and 17-year-olds to marry with written parental consent and an age gap of no more than 4 years.
• "There is a 3-day waiting period." Section 48-2-103 was repealed effective June 9, 2023. Some older text and county documents still mention the wait.
• "You must apply in the county where you live or will marry." Any West Virginia county clerk may issue a license to anyone, regardless of residency.
• "First cousins can marry in West Virginia." Section 48-2-302 bars first and double cousins.
• "The license costs exactly $55." That is the statutory figure, but the four counties checked charge $57 ($37 with a premarital certificate in three of them; Hancock also lists $36).
• "Any friend can officiate with a one-day permit." Religious representatives must register with the Secretary of State, and the code reviewed has no one-day designation.

Disclaimer: This article provides general legal information about West Virginia marriage licenses under Chapter 48, Article 2 of the West Virginia Code, verified on October 7, 2026. It is not legal advice. Fees and office procedures differ by county and change over time. For your specific situation, contact your county clerk or a lawyer licensed in West Virginia.

Related

• Marriage license requirements by state
• West Virginia marriage and divorce records
• West Virginia name change laws
• How to get a copy of your marriage certificate
• Maryland marriage license requirements
• Pennsylvania marriage license requirements

Last updated: October 7, 2026.

Frequently Asked Questions

How much is a marriage license in West Virginia?

W. Va. Code 59-1-10(c) sets the fee at $55, or $35 with a premarital education certificate. Monongalia, Cabell, Berkeley and Hancock counties charge $57, and Monongalia, Cabell and Berkeley charge $37 with the certificate (Hancock lists both $37 and $36), so check your county clerk.

Is there a waiting period to get married in West Virginia?

No. The 3-day waiting period in 48-2-103 was repealed by HB 3018, effective June 9, 2023. Cabell County says licenses are effective immediately after issuance.

How long is a West Virginia marriage license good for?

60 days. Under 48-2-202(c), the license is null and void if the marriage is not performed within 60 days of its issuance.

Do you have to be a West Virginia resident to get a marriage license there?

No. Under 48-2-102, applicants may apply in any West Virginia county regardless of their state or county of residence.

Do both people have to be present to apply for a West Virginia marriage license?

Both parties must sign the application under oath (48-2-105), and Cabell, Monongalia and Berkeley counties require both of you to appear at the clerk's office.

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

Yes, with written consent from the applicant and the parent(s) or guardian(s), acknowledged before an officer who takes deed acknowledgments, and only if the other person is no more than 4 years older (48-2-301). HB 3018 of 2023 did not ban marriage under 18.

Can first cousins marry in West Virginia?

No. W. Va. Code 48-2-302 prohibits marriage between first cousins and between double cousins, and a violation is a misdemeanor under 48-2-503.

Does West Virginia offer a discount for premarital counseling?

Yes. A certificate for a premarital education course of at least four hours, taken in the 12 months before you apply, lowers the statutory fee from $55 to $35 (48-2-701 and 59-1-10(c)). Monongalia, Cabell and Berkeley charge $37 instead of $57.

Who can marry you in West Virginia?

A religious representative registered with the Secretary of State, a family court judge, a circuit judge, a justice of the Supreme Court of Appeals, or certain federal judges (48-2-401 and 48-2-406).

Does West Virginia require a blood test for a marriage license?

No. The marriage license sections of Chapter 48, Article 2 contain no blood test or medical exam requirement.

Who returns the marriage license after the wedding in West Virginia?

The officiant. Under 48-2-202(b), the person who performed the marriage forwards the original license to the issuing clerk before the sixth day of the month after the month of the wedding.