The Marriage Laws of North Carolina
Marrying someone is one of the most significant decisions you will ever make in your personal life. Furthermore, a lot of people associate the marriage ceremony with entirely religious and spiritual significance.
At its core, marriage is thus a contract subject to NC state law because of the long-standing conviction that the state has a great public interest in fostering and safeguarding families and marriage.
Therefore, the laws governing marriage in North Carolina specify what makes a marriage legally binding as well as the responsibilities and privileges that come with
Marital Laws in North Carolina
Usually, one needs a law degree to fully comprehend the ramifications of a statute, or at the very least, the capacity to sift through complex legal language. The pertinent information on North Carolina’s marriage laws is available below.
1. Marriage License:
The following conditions must be satisfied in order to obtain a marriage license in North Carolina:
In order to be married, a court decree is required for both partners to be at least 18 years old (or at least 16 with proof of both parents’ agreement).
The following needs to be included on the marriage license application:
- Name, residence, gender, and birthdate.
- Details regarding any prior marriages (such as those involving divorces, null marriages, or the passing of a previous spouse).
- Typed documentation proving Social Security number and full name (such as a pay stub, W2 form, tax return, bank statement, or Social Security card).
- The name and address of the guardians or parents, if any; additionally.
- Whether there is a relationship between the applicants (if so, it needs to be revealed).
2. Validity of Marriage
- In North Carolina, there are some marriage ceremonies that are forbidden, such as:
- One or more of the parties are minors (or do not have the required consent from parents or the court)
- One or more of the parties are bigamous, meaning they have never divorced)
- The parties are either closer in kinship than first cousins or double first cousins.
3. Age of Marriage
In North Carolina, the following minimum ages must be met in order to get married:
- 18, without parental permission.
- 16–17, with permission from parents (unless the parties are emancipated).
- 14–16, with a court order (usually only in extreme cases).
4. Ceremony and Solemnification of Marriage
In North Carolina, marriages are formally consummated in two ways: Either by an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate (a judge or civil official); or compliant with any marriage ceremony approved by any state or federally recognized Indian country or tribe, or by any religious group.
5. Change of Name
Although the decision to alter one’s name upon (or after) marriage is entirely up to the parties, it is nonetheless very frequent. In North Carolina, you can typically alter your name when requesting a marriage license or initiating a divorce.
When you’re about getting married, choosing your honeymoon and floral arrangements will undoubtedly take up more of your time. However, there are significant legal implications. Get in touch with a North Carolina family law attorney right now if you have any inquiries regarding any legal issues pertaining to your marriage.
Frequently asked Questions About Marriage Laws In North Carolina
1. How Can I Obtain a License to Marry?
A marriage license application must be completed in order to obtain a marriage license. The majority of counties have a probate or family court that divides marriage licenses. You can find instructions on their website or the website of the court clerk. The clerk’s office can also be contacted, and they will help you get in contact with the right individual.
In general, you’ll have to:
- Complete an application for a marriage license (online or in person).
- Present identity documentation from the judicial system.
- A minor license fee must be paid; a credit card may be accepted.
- If there is a waiting time, you may have to wait up to three days (based on state rules) for it to be processed.
2. Which Documents Do I Need to Get a Marriage License?
Generally, you will need a form of identification and proof of a Social Security Number (SSN).
For identification, you will need one of the following:
- Valid driver’s license
- Birth certificate (original or certified copy)
- Valid state identification card
- Current military identification card
- Current passport
- As proof of your Social Security number, you can use the following:
- Social Security card
- Tax return with your full name and Social Security number
- W-2 or tax form with your full name and Social Security number
3. How Can My Name Be Changed Lawfully?
Each state is unique, however, in general, changing one’s name can happen when obtaining a marriage license.
Ensure that you:
- Fill out the application for a marriage license with your new middle name and/or last name.
- Verify that the marriage certificate bears the new surname.
- To change your name, you can get a court order from the relevant state court in your area.
In order to obtain a court order, the following paperwork is required:
– A verified duplicate of your marriage certificate.
– A certified duplicate of your marriage license.
4. Who Is Authorized to Lead the Marriage Ceremonies?
Generally speaking, the following individuals are authorized to officiate marriages:
- A magistrate, judge, peace officer, or deputy clerk
- a deputy mayor or mayor
- Any member of a religious denomination’s clergy, including ministers, priests, and rabbis
- A notary public
- A lay celebrant who has been approved by the relevant court to officiate weddings.
5. My spouse and I are planning our wedding. What Does It Take for Us to Get a Legal Marriage?
The following premarital actions that are typically included in legal requirements:
- A permission to marry..
- A three-day maximum waiting period (based on state laws).
- Minimum ages (if you are younger than eighteen, you may or may not require parental permission from a guardian).
- A marriage ceremony that is performed by clergy or a judicial official and is observed by a specific number of witnesses.
- A signed marriage certificate that is sent out as evidence of the union following the ceremony.