West Virginia § 48-2-601 Belief of parties in lawful marriage validates certain defects

West Virginia Statutes

§ 48-2-601 — Belief of parties in lawful marriage validates certain defects

West Virginia § 48-2-601

Ch. 48DOMESTIC RELATIONS

Art. 2MARRIAGES

This text of West Virginia § 48-2-601 (Belief of parties in lawful marriage validates certain defects) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-2-601 (2026).

Text

If a marriage is solemnized by a person professing to be authorized to celebrate marriages when, in fact, the person is not authorized, or if a marriage is solemnized after the license is expired, the marriage is not void and subject to a judgment of nullity based on that fact alone if:

(1)The marriage is lawful in all other respects, and

(2)The marriage is consummated with a full belief on the part of either or both of the persons married that they have been lawfully joined in marriage.

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If a marriage is solemnized by a person professing to be authorized to celebrate marriages when, in fact, the person is not authorized, or if a marriage is solemnized after the license is expired, the marriage is not void and subject to a judgment of nullity based on that fact alone if:

(1) The marriage is lawful in all other respects, and

(2) The marriage is consummated with a full belief on the part of either or both of the persons married that they have been lawfully joined in marriage.