WVC 48 - 3 - 101
§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