Are West Virginia Marriage Records Public?
No. Marriage records are confidential in West Virginia for the first 50 years after filing in the state registry. During this period, they are not publicly accessible, and only certain individuals can access them. Eligible parties accessing a West Virginia marriage record include those named on the record, their immediate family members (parents, siblings, children, grandparents, and step-relatives), legal guardians, and legal representatives. Occasionally, a court order may permit persons outside this category to access a marriage record before the 50-year period expires. Such individuals must obtain valid court orders authorizing access to the specific marriage record.
Further insight into the question "Are marriage records public?" can be gained by contacting a West Virginia vital records office to discover its public dissemination policies.
Family court records can include marriage and dissolution of marriage records. These records contain personal records and information of those involved, and their maintenance is critical should anyone wish to make changes. Because of this, both marriage and divorce records can be considered more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites.
How to Find West Virginia Marriage Records
West Virginia marriage records are official documents that provide details of marital unions approved by the state. These records comprise both West Virginia marriage licenses and West Virginia marriage certificates and are mostly maintained by the offices of county clerks. Some marriage records are also available from the West Virginia Vital Registration Office.
West Virginia is a "closed record" state. So, all vital records, including marriage and birth, death, and divorce records, are not accessible to members of the public by default. However, the law establishes a time frame after which West Virginia vital records become open access. For marriage records, this duration is 50 years from the recorded marriage date. Notwithstanding, West Virginia public marriage records are accessible to everyone, not just state residents.
How to Find Out if Someone is Married in West Virginia
Members of the public can find out if someone is married in West Virginia using the following methods:
- Searching a West Virginia marriage index on a local or state government agency's website.
- Contact or visit a West Virginia vital records office to verify a person's marital status.
How to Check Marriage Status Online
Individuals who wish to check the marital status of a West Virginia resident online can search marriage indexes maintained by local and state vital records offices.
Usually, one should start with a county clerk's online marriage index, specifically the clerk who registered the union. For example, the Fayette County clerk's online marriage index. At the state level, one can use the West Virginia Department of Arts, Culture, and History's marriage index, which contains records of marriages from 1780 to 1971 or 50 years from the current date, to conduct this search. The department also publishes a handy guide for persons who want to know where to perform marriage record searches in West Virginia.
A vital records office will often provide instructions on how to check marriage status online using its database. Still, West Virginia marriage indexes are often accessible with a spouse's name, the issuing county's name, or the marriage year.
How to Check Marriage Records for Free
Individuals curious about how to check marriage records for free in West Virginia have access to the vital statistics databases maintained by official bodies. Upon a free lookup, a person may find the following information:
- The first and last names (sometimes, middle initial) of the spouses
- License issuance and marriage dates
- The recording county
- Age at marriage
- Parent names
- The officiant's name
In some cases, a record seeker may find the digitized image of a marriage record.
Note that a free marriage record search in West Virginia cannot bring up certified copies (bearing a raised seal) or original records of marriages that occurred in the state. To inspect original West Virginia public marriage records or obtain copies, one must submit a request to the appropriate vital statistics office and pay the required fee. Payment can be made via cash or money order payable to the record custodian.
What is Considered a Marriage Record in West Virginia?
Marriage records provide approval for and proof of marriages contracted in the state. The two marriage records recognized in West Virginia are marriage licenses and marriage certificates. Prospective couples have to obtain marriage licenses to proceed with their solemnization ceremonies. Thereafter, the state will issue them marriage certificates in recognition of their state-approved unions.
Both government websites and organizations may offer divorce and marriage records. Similarly, third-party public record websites can also provide these types of records. However because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.
What is Considered a Marriage License in West Virginia?
West Virginia marriage licenses are official documents that serve as state approvals of upcoming weddings. They do not confer marital rights on the intending couples but give them permission to proceed with their wedding ceremonies. A West Virginia marriage license is only valid for marriages held in the state.
County clerk offices are responsible for issuing marriage licenses in West Virginia. Before issuing a license to a prospective couple, the county clerk will ensure they have fulfilled all state requirements for marriage. While the intending couple does not have to be residents to apply for a marriage license, their marriage must be solemnized within the county where the license was issued.
How to Change Your Name After Marriage in West Virginia
The first step to performing a name change after marriage in West Virginia is presenting a copy of a certificated marriage license to the appropriate government agencies. After marriage, a legal name change would also include applying for a new social security card. Married parties can walk into any local Social Security Administration office to fill out an SS-5 form. They can also do this in advance before setting out. When coming to the office, they must bring a copy of their marriage certificate and proof of identity. The new social security card should be ready within two to three weeks after applying.
Another critical process for interested parties is to apply for a driver's license name change. The West Virginia Division of Motor Vehicles (WV DMV) is in charge of this and will provide an application form to fill. In addition, the party must bring their marriage certificate or the updated social security card to change their name after marriage with the WV DMV. A driver's license costs $5 per year in West Virginia and $5.05 when residents are a multiple of five: 25 years old, 35 years old, etc.
West Virginia Formal Marriage Licenses
The regular marriage license issued in West Virginia is a formal marriage license. This is issued only to a couple qualified by state criteria to proceed to the solemnization of matrimony. Only couples with formal marriage licenses can receive marriage certificates in West Virginia.
West Virginia Common Law Marriage Licenses
In a common law marriage, two individuals live together and present themselves to society as a couple even though they have not solemnized their union. West Virginia state laws do not recognize common-law marriages. Therefore, the state does not issue marriage licenses for this type of marital union.
How to Get a Marriage License in West Virginia
To obtain a marriage license in West Virginia, visit one of the county clerk offices in the state. Use the County Clerk Directory to find the office’s contact information and business hours. Both parties must appear in person at the county clerk’s office of choice when applying for a marriage license. They must provide the following information about themselves:
- Full names
- Full names of parents/guardians
- Birth date
Applicants can save time by providing as much information as possible. They must also present documents to establish their ages and social security numbers. Non-citizens must provide their visa/passport/tourist numbers. To establish their identities, the prospective couple must bring copies of their government-issued photo IDs. Accepted forms of identification include driver’s license, state ID, travel passport ID, or US armed forces identification. Previously married applicants must present copies of divorce decrees or death certificates, for deceased ex-spouses. Note, there is no eligibility requirement mandating individuals to produce a divorce certificate in West Virginia when applying for a marriage license.
At the county clerk’s office, obtain a marriage license application and fill it out. West Virginia charges $57 for each marriage license and this fee is payable with cash. Applicants that present certificates of completion of premarital education qualify for a reduced fee of $37. Marriage licenses are issued in person as long as the applicants meet all requirements.
Marriage licenses are issued through the officiant (a person authorized by law to perform a marriage ceremony). The officiant endorses the marriage license after the ceremony and returns it to the office of the county clerk where it was issued. Couples must solemnize the marriage within 60 days of the issuance of a marriage license.
What is Considered a Marriage Certificate in West Virginia?
West Virginia marriage certificates are government-issued testimonials validating marriages contracted in the state per state laws. A marriage certificate denotes the registration of a marital union with the state. In West Virginia, marriage registration must occur before the 6th day of the month after the marriage ceremony. To register a marriage, the officiant returns the original copy of the signed marriage license to the county clerk's office that issued the marriage license. This office then registers the marriage in the county and files a copy with the state Office of Vital Records.
A marriage certificate in West Virginia provides details such as the full names of the individuals joined in matrimony, the county where the marriage took place as well as the date of the wedding, and the name and contact address of the officiant.
How Do I Obtain a Copy of My Marriage Certificate in West Virginia?
Anyone who wants to find a marriage certificate in West Virginia can contact a county or state vital records office. Typically, certified copies of marriage certificates from 1964 till date are available both at county clerk offices and the Vital Registration Office of the West Virginia Department of Health and Human Resources. Marriage records from 1921 to 1963 are also available at the Vital Registration Office but in index form. To obtain certified copies of a marriage certificate, contact the office of the county clerk where the marriage license was issued.
A marriage certificate in West Virginia is issued only to persons named on the certificate, their children, or grandchildren. To obtain a copy, download, print, and complete an Application for a Certified Marriage Certificate. Attach a copy of a valid photo ID and enclose a check or money order for copy fees payable to “Vital Registration”. Each certified copy of a West Virginia marriage certificate costs $12. Submit the request in person or send it by mail to:
Vital Registration Office
Room 165
350 Capitol Street
Charleston, WV 25301-3701
Phone: (304) 558-2931
Generally, West Virginia vital statistics offices do not provide portals where individuals can submit online marriage certificate requests or order online marriage records for a fee.
Are Prenups Public Record in West Virginia?
No. West Virginia utilizes the Uniform Prenuptial Agreement Act (UPAA) to enforce prenuptial agreements, or prenups, entered into in the state. This law has no provision for the public disclosure of prenups.
