State West Virginia Getting Married Inback to States

Who:

West Virginia recognizes both straight and same-sex unions.

Current Legislation:

As of October 9th, 2014, both straight and same-sex unions are recognized in the state.

FAQs:

Do I have to reside in West Virginia to get married there?

You do not have to be a resident of West Virginia to get married there.

How can I apply for a marriage license?

Both parties must be present when they apply at the county clerk’s office.

What are the fees?

The cost for a marriage license is $36.

Is there a waiting period?

There is no waiting period and the license will expire 60 days after it’s issued.

What documentation do I need?

Each party must provide a form of identification, such as a driver’s license, passport, birth certificate or military ID. Both parties will need to know personal information such as birthplace and full names of parents (including mother’s maiden name). If previously married, your county may require you to provide a certified copy of the divorce decree or death certificate.

Is a blood test required?

No.

Who can marry us and are witnesses required?

Any religious representative or judge/justice who is authorized in West Virginia may perform the ceremony. The officiant must perform a formal act in which the man and woman assume the status of husband and wife. No witnesses are required.

How can I change my name?

With a marriage license: Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to change it with the DMV, your employer, your bank, etc.

Any adult West Virginia resident can formally change their name without a marriage license, but it must be done in your county of residence. Fill out a Name Change Petition, have it notarized and file with your county clerk along with a $145 filing fee. You will receive a hearing date and a Legal Notice of Name Change, which you must have published in a local newspaper, after which you will receive a Name Change Affidavit from the newspaper as publication proof. Bring the forms and affidavit to your hearing date where the judge will review your case. Once granted, you’ll receive a Name Change Decree which you will use to submit name change to the DMV, employer, the Social Security Administration, etc.

Will my same-sex marriage be legal in other states?

Unfortunately, same-sex marriages are only recognized in the 35 states that they can legally be performed in— Alaska, Ariz., Calif., Colo., Conn., Del., Hawaii, Idaho, Ill., Ind., Iowa, Kan., Maine, Mass., Md., Minn., Mont., Nev., N.H., N.J., N.M., N.Y., N.C., Okla., Ore., Penn., R.I., S.C., Utah, Va., Vt., Wash., W.Va., Wis., Wyo., as well as Washington, D.C.

**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.