Guide to West Virginia Marriage Records

Marriage records in West Virginia are official, legal footprints of a couple's union. These records usually list the spouses' names, the date of the marriage, where it took place, and the names of the officiant and witnesses. Older marriage records may include ages, occupations, or parents' names.

The terms “marriage record,” “marriage certificate,” and “marriage license” are often used interchangeably, but they do not mean the same thing. A marriage license is an official authorization from the state that allows two individuals to marry. A marriage certificate is a document confirming that a marriage has occurred, issued after the marriage. The term “marriage record” refers to a category of records maintained by the government, including a marriage license, a marriage certificate, and a marriage index record held in county archives.

Marriage records are searched for different reasons. For instance, these documents can be used for legal matters such as applying for a passport, changing a last name, or settling an estate. Others obtain these records to trace how their family tree connects. The documents are also useful in divorce proceedings, insurance paperwork, and benefits applications.

Types of Marriage Records in West Virginia

West Virginia marriage records are commonly issued in the following forms”

Marriage Certificates

A marriage certificate is a legal document confirming that two people are married. It displays the couple's full names, the date and location of the ceremony, and the signatures of the officiant and witnesses, if applicable.

A West Virginia marriage certificate features a raised seal and is required for legal procedures such as applying for a passport, joining a spouse's health insurance plan, or changing your name with the Social Security Administration.

Certified copies of West Virginia marriage certificates are issued by the county clerk where the marriage licenses were purchased, and by the state-level West Virginia Vital Registration Office.

Marriage Licenses

A marriage license is different from a marriage certificate in that it is issued before a wedding ceremony and not after. It is the state's authorization for two people to marry and serves as proof that they were legally permitted to do so. A West Virginia marriage license is issued by county clerks. It is valid for 60 days.

Are Marriage Records Public in West Virginia?

Access to West Virginia marriage records depends on the age of the record. If a marriage occurred within the last 50 years, access to certified copies of the record is limited. Only the spouses named on the record, immediate family members, and legally authorized representatives or attorneys can request them.

Anyone outside these categories of persons may only obtain certified copies when the record is needed to determine or protect a personal or property right. However, once a marriage record passes the 50-year mark, it becomes publicly available.

Regardless of the age of a marriage record, some information is protected from public disclosure. The state excludes Social Security numbers from public release. Certain information collected during the marriage license application for statistical or administrative purposes is also restricted.

What Information Is Included in a Marriage Record?

A West Virginia marriage typically contains the following information:

• Full legal names of both spouses (including maiden names)
• Exact dates of birth and current ages
• Birthplaces (city, state, or country)
• Current residential addresses
• Full names and birthplaces of both sets of parents
• The date and exact location of the wedding ceremony
• The name and religious or judicial title of the officiant
• Information regarding any prior marriages, including how and when they ended

To protect individual privacy and to prevent identity fraud, sensitive information is not usually accessible in noncertified copies and online indexes. Such information may contain SSNs and some other details related to an individual’s health.

How to Find Marriage Records in West Virginia

Step 1: Identify the Marriage Details

It is recommended that you identify key information before contacting the record custodian. You need the full legal names of both individuals, and you also need to find the month and year the marriage was performed and the county where the marriage license was applied for.

Step 2: Find the Record Custodian

After collecting information about the marriage, the next step is to determine the custodian of the record. If you know the county where a couple was married, you can find the record you need by contacting the county clerk's office in that jurisdiction.

For marriage records occurring from 1921 to the present, the custodian is the West Virginia Vital Registration Office in Charleston. However, if the record you want is historical, contact the West Virginia State Archives or local county historical societies.

Step 3: Choose How to Search

In West Virginia, marriage records can be obtained through several means. Requesters can order records online via the state-approved portals. Should requesters wish to make in-person requests, they can visit the record office at the county courthouse. Requesters still have the option to send their requests by mail. Certain approved third-party sites also have record search capabilities, but there may be an additional fee for convenience.

Step 4: Submit a Record Request

Upon deciding on your preferred application method, complete the official application form and include a photocopy of a valid government-issued photo ID for identity verification.

Also, submit the required search fee, which varies depending on whether you want a certified or uncertified copy. Processing time ranges from a few minutes for in-person requests to several weeks for mail-in state applications.

How to Get a Certified Marriage Certificate in West Virginia

The first step in obtaining a certified copy of a West Virginia marriage certificate is to determine if the record is restricted. Per state law, marriage records less than 50 years old are generally not open to the public.

Under Section 16-5-28 of the West Virginia Code, certified marriage records are only issued to the individuals named on the record and certain family members. Legal guardians and authorized representatives may also qualify.

Obtaining this record requires a completed marriage-certificate request form and proof of identification. Acceptable proofs of identification include a driver's license, government photo ID, military ID, or passport as primary identification. Alternatively, requesters may submit two types of secondary IDs.

Requesters can order a West Virginia marriage record via the following means:

• In-person: The Vital Registration Office at 350 Capitol St. in Charleston provides same-day walk-in assistance. Applicants are advised to allow at least 15 minutes even though several applications are completed in less time.
• By mail: The applicant may send a completed application form to Vital Registration with the necessary identification as well as the required fee.
• Online: The state partners with VitalChek, a third-party service provider for processing online marriage certificate orders. Online orders may incur extra processing, shipping, or service costs.

A state-certified marriage certificate costs $12 per copy. Note that county clerks may also issue certified marriage certificates in their respective jurisdictions. County clerks generally charge $5 for providing a certified copy of a marriage license.

Certified copies serve as proof of marriage when required by some name-changing processes and other identification processes.

How to Get a Marriage License in West Virginia

County clerk offices receive and process applications for West Virginia marriage licenses. When applying for the license, applicants must complete an application form and provide identifying and personal information. Typically, both applicants must complete and sign the application.

The standard minimum age for marriage in West Virginia is 18. However, an applicant who is 16 or 17 may marry only under the conditions set by state law, including obtaining written consent from the parent or legal guardian. Also, an individual aged 16 or 17 cannot marry someone more than four years older. No person under the age of 16 can obtain a West Virginia marriage license.

There are no residency requirements in West Virginia for marriage-license applicants. Hence, a West Virginia resident and a nonresident can apply, as can two nonresidents.

The Mountain State sets a basic marriage-license fee at $55. This fee may be reduced to $35 if the applicant presents a qualifying premarital education certificate dated within 1 year of the application. County fee schedules commonly show a total charge of $57, or $37 with premarital education, after the additional record-preservation charge.

Note that state law has eliminated the initial waiting period for obtaining a marriage license. Hence, applicants can now marry as soon as their licenses are issued. A West Virginia marriage license is valid for 60 days.

A marriage held in the Mountain State must be conducted by an individual authorized under state law. Such persons include qualifying registered religious representatives, family court judges, circuit judges, justices of the Supreme Court of Appeals, and certain federal judges and magistrate judges who are West Virginia residents.

After the ceremony, the officiant must complete the license and return it to the issuing county clerk.

Who Can Request Marriage Records?

Access to West Virginia marriage records is strictly prioritized by relationship. Typically, only the following persons are allowed to request copies of the records:

• The spouses listed on the document.
• Immediate family members, specifically parents, current legal guardians, children, and grandchildren.
• Government agencies, court officials, and attorneys, if the record is required for official state business or legal proceedings.
• A person who can show that the record is needed to determine or protect a personal or property right.

Genealogists and researchers are only allowed to access marriage records if the marriages took place over 50 years ago. The same goes for third-party requesters. Anyone who wants to obtain a recent marriage record who does not fit into the categories listed must present a notarized letter of authorization signed by one of the spouses a direct court order signed by a judge.

Free and Online Marriage Record Searches

If you do not require an official certified copy of a marriage certificate, but only basic informational details, you may be able to look up historical information online for free.

The West Virginia Vital Research Records Project, managed by the State Archives, provides access to basic marriage record information. This free online resource allows you to search historical marriage indexes and view high-resolution images of original county records, ranging from the late 1700s to 1970, depending on the county.

Non-profit databases such as FamilySearch also host free, searchable marriage index data, such as names, dates, and counties. However, it does not offer certified copies of marriage records.

Common Law Marriage in West Virginia

The State of West Virginia does not recognize common-law marriages. Hence, even if two individuals cohabit for a long time, share a home, or manage their finances together, they will not be considered officially married without a marriage license and a formal marriage ceremony.

However, West Virginia abides by the Full Faith and Credit Clause of the United States Constitution. This means that for couples who legally entered into a common-law marriage in a state where it is legal and then moved to West Virginia, their married status is considered valid in West Virginia as well.

Since the respective licenses were not filed in West Virginia, there are no records available from state or county authorities to prove the marriage.

How to Correct an Error on a Marriage Record

Mistakes may be made in official marriage records, such as spelling errors or incorrect birthdates. Moreover, a wedding officiant may commit errors while typing during the ceremony.

The spouses named on the marriage certificate may file an application to amend it. The applicant must provide the necessary documentary evidence to establish the error. For instance, applicants may be required to provide a copy of their birth certificate or passport if the wrong birthdate or name is listed on the document.

The application for amendment must be submitted to the county where the spouses applied for their original marriage certificate. In the case of minor errors, the county clerks may be able to resolve them on the same day. However, complex cases involving significant errors may take longer.

Marriage Records and Name Changes

West Virginia marriage records are important documents required when the subjects named on the records want to legally change their names on official records after marriage. Major government agencies will require married persons to present an original certified copy of their marriage certificate to update their records. Examples include:

• Social Security Administration (SSA): To update your tax identity profile.
• West Virginia Division of Motor Vehicles (DMV): Required to update your driver's license or state ID card.
• U.S. Department of State: Required to update or re-issue a new passport with an updated name.

Note that there is a difference between changing your name on a government record and updating your marriage record. Using your marriage certificate to update your driver's license does not change the names written on the original marriage certificate. The marriage certificate remains a historical record, showing your legal name at the time of the marriage.

Marriage Records for Genealogy and Family History

For persons interested in genealogical research, West Virginia's old county records offer a significant resource for tracing family relationships. Due to West Virginia's break from Virginia during the Civil War, records from before 1863 are typically found bundled with old Virginia archives or stored directly in the oldest West Virginia border counties.

The West Virginia Culture Center in Charleston is a major resource for older marriage records. This hub offers an online portal that users can use to search for ancestral marriage records by entering a spouse's last name, the county of marriage, or a range of historical dates.

When performing a historical research, note that older records may be incomplete. Before the late 1800s, certain religious groups recorded marriages solely in their church ledgers, without reporting them to local civil authorities. Also, handwriting can be difficult to read, and information such as birthplaces or parent ages was usually provided from memory by neighbors or family members, leading to occasional errors in the official record.

Frequently Asked Questions