Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

In West Virginia, common law marriages are not recognized. This means that couples who cohabit and hold themselves out as married without going through a formal marriage process do not acquire the legal status of marriage in the eyes of the state. West Virginia law requires couples to obtain a marriage license and have a marriage ceremony to be legally recognized as married. However, West Virginia does recognize common law marriages that were established in other states where such marriages are legally recognized. This is in accordance with the principle of comity, which means that West Virginia will respect the laws and judicial decisions of other states as long as they do not violate West Virginia's public policy. Therefore, if a couple has a valid common law marriage from another state, West Virginia will generally recognize their marital status.