West Virginia Code § 48-3-101

Right to sue to annul or affirm marriage
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(a) Except as otherwise provided in subsection (b) of this section, an action to annul or
affirm a marriage is not maintainable unless one of the parties is a resident of this state at
the time the action is commenced.
(b) Even if neither party is a resident of this state, an action to annul a marriage that was
performed in this state is maintainable if the parties have not established a matrimonial
domicile elsewhere.

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