West Virginia Code
Article 3. Property, Rights and Liabilities of Married Women; Husband and Wife
§48-3-101. Right to Sue to Annul or Affirm Marriage

(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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