§ 48-2-601

W. Va. Code § 48-2-601

Belief of parties in lawful marriage validates certain defects.

PART VI. MISCELLANEOUS PROVISIONS.

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. (1) The marriage is lawful in all other respects, and
  2. (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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