West Virginia Code 48-3-103 – Voidable marriages
The following marriages are voidable and are void from the time they are so declared by a judgment order of nullity:
Terms Used In West Virginia Code 48-3-103
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- State: means a state of the United States, or the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 48-14-601
(1) Marriages that are prohibited by law on account of either of the parties having a wife or husband of a prior marriage, when the prior marriage has not been terminated by divorce, annulment or death;
(2) Marriages that are prohibited by law on account of consanguinity or affinity between the parties;
(3) Marriages solemnized when either of the parties:
(A) Was mentally incompetent;
(B) Was afflicted with a sexually transmitted disease;
(C) Was incapable, because of natural or incurable impotency of the body, of entering into the marriage state;
(D) Was under the age of consent; or
(E) Had been, prior to the marriage and without the knowledge of the other party, convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States;
(4) Marriages solemnized when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband.