📅 2026 Update: Changes in West Virginia Marriage Laws

Since the original article was published, there have been important legal developments that may affect marriage laws in West Virginia. These changes include significant court rulings and updates about the state's stance on certain legal definitions. The earlier article continues further down the page.

⚖️ Recent Legal Changes

In recent years, West Virginia has seen legal shifts that influence marriage and related rights. On June 30, 2026, the U.S. Supreme Court ruled in *West Virginia v.

B.P.J.*, stating the Save Women's Sports Act is constitutional. This ruling is important for discussions around gender and marriage rights.

💵 Marriage License Fees

Currently, the exact fee for obtaining a marriage license in West Virginia is not listed. Readers should check with local county clerk offices for the most accurate information.

📝 Steps to Obtain a Marriage License

To get a marriage license in West Virginia, applicants need to fill out an application form. This form can be found at any county clerk office across the state.

  • 🔍 Required Documents: Valid ID like a driver's license or passport is needed. If there are previous marriages, proof of dissolution may also be required.

⏰ Processing Times

Marriage licenses are usually issued immediately after the application is submitted. This quick processing can be helpful for couples planning a wedding.

👫 Same-Sex Marriage

Same-sex marriage has been legal in West Virginia since October 9, 2014, following the *Bostic v. Schaefer* decision. This legal recognition has allowed many couples to enjoy the same rights as opposite-sex couples.

📌 Key Points

  • ⚖️ Recent court rulings affect marriage laws.
  • 💵 Fees for marriage licenses are unspecified.
  • 📝 Applications can be found at county clerk offices.
  • ⏰ Licenses are processed immediately.
  • 👫 Same-sex marriage has been legal since 2014.

💡 Tips for Navigating Marriage Laws in West Virginia

Before proceeding, it’s helpful to review your specific situation with an attorney. This ensures you understand the legal aspects of your marriage.

📝 Know the Age Requirements

Both parties must be at least 18 years old to marry without parental consent. Those aged 16 or 17 can marry with consent from their parents.

📄 Gather Required Documents

Make sure you have valid identification, such as a driver's license or passport. If either partner has been previously married, bring proof of the dissolution of that marriage.

⏳ Understand License Validity

Marriage licenses in West Virginia are valid for 60 days after issuance. Couples should plan their wedding within this time frame to avoid complications.

💌 Certified Copies

If you need a certified copy of your marriage certificate, each copy costs $12. This document may be required for legal matters post-marriage.

For the most accurate and updated information, visit your local county clerk office. They can provide guidance on the application process and any changes in fees.

❓ Frequently Asked Questions

🤔 What documents do I need to apply for a marriage license?

You will need a valid ID, such as a driver's license or passport. If applicable, proof of dissolution of any previous marriages is also required.

📅 How long does it take to get a marriage license?

Marriage licenses are typically processed and issued immediately upon application in West Virginia.

🏷️ Are there any residency requirements to marry in West Virginia?

No, there are no residency requirements to marry in West Virginia. Couples from outside the state can obtain a marriage license there.

👩‍❤️‍👨 Can same-sex couples get married in West Virginia?

Yes, same-sex marriage has been legal in West Virginia since October 9, 2014.

🗓️ How long is a marriage license valid?

Marriage licenses in West Virginia are valid for 60 days from the date of issuance.

💸 How much does a certified copy of a marriage certificate cost?

Each certified copy of a marriage certificate costs $12.

⚖️ Recent Cases Affecting Marriage Laws

Recent court rulings, including those from the U.S. Supreme Court, have significant implications for marriage laws in West Virginia. These decisions can influence the rights of couples, particularly around issues of gender and marriage.

Readers are encouraged to browse more rulings on the news page for updates on recent legal changes.

End of October 2026 Update






 



West Virginia marriage laws only allow for one man and one woman to enter into marriage. In, West Virginia marriage was clearly defined with the enactment of the Defense of Marriage act. However, a bill that would have amended the constitution to ban same sex marriage, was voted down in 2009. In fact the amendment was reintroduced and voted down again. Yet, there are no laws preventing discrimination based on sexual orientation or gender identity.



In West Virginia, marriage laws are the only laws that currently apply to the LGBT community. They are prevented form getting married, but unable to legally protect themselves from discrimination. Perhaps, discrimination laws would be utilized to fight the ban on gay marriage and that is why there are none in place.

Gay Marriage Laws in West Virginia


West Virginia law on marriage explicitly forbid the legal recognition of same sex marriage. However, the state's constitution is without an amendment that bans gay marriage. In fact, a proposed amendment that would ban gay marriage, was voted down twice. 



Law makers have claimed that there are much more pressing issues that should be dealt with before they decide on the legality of gay marriage in West Virginia. Marriage is already defined by the Defense of Marriage Act and lawmakers feel that it deserves no further protection.



Conversely, there are no legal protections against discrimination in the LGBT community. However, the state's laws regarding domestic violence, protect all couples, regardless of gender in West Virginia. Marriage laws however, do not allow for any legal recognition for same sex couples. In fact, same sex couples are not entitled to any of the rights, benefits or responsibilities afforded to married couples in West Virginia. 



Marriage is seen as a unique relationship, that is entitled to special rights and protections, that are not afforded to any other relationship, same sex or otherwise. However,many law makers in West Virginia, believe that banning gay marriage in the constitution, would be akin to making discrimination legal. Therefore, there does not seem to be a rush to ban gay marriage in West Virginia. 



Marriage should not be banned for the LGBT community because it is a form of discrimination by preventing equal access to the benefits of marriage. Perhaps, that is why the state offers no legal protection form discrimination in West Virginia. Marriage laws should be changed to offer some legal recognition for same sex couples, so that they can enjoy equal rights.