North Carolina Marriage Laws

This article is meant to provide general infroamtion about North Carolina wedding requirements. Actual wedding laws and requirements may change from time to time and location to locationm, so it is ALWAYS wise to check with the County Magistrate the county where your wedding will take place.

In order to get married in North Carolina, you need to apply and receive a marriage license. Check with the clerk of court's office to find out what your local rules are:

You should apply for your marriage license at least one month before your wedding ceremony, and you will need a proof of identification and age, plus any information about previous marriages. You will need to pay a nominal fee. You will also need to have a witness when you sign the application, so plan on bringing your maid of honor or best man with you. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.

Just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.

Other requirements for obtaining a North Carolina Marriage License:

A picture ID is required both the bride and groom, such as a Driver's License or certified copy of Birth Certificate.

You do not have to be a resident of North Carolina to get married in North Carolina.

If the bride or groom has been divorced, he or she must know the month and year of the last divorce. If there has been a divorce within the last 60 days, the state requires a copy of the divorce decree signed by the judge.

Both parties to a marriage should appear in person to obtain the license. If one of the parties is unable to appear, the other party to the marriage must appear in person and present a sworn and notarized affidavit from the other member of the party, prior to the issuance of the license. Affidavit forms are available in the Register of Deeds Office.

An NC Marriage License is valid for 60 days. The license can only be used within the State of North Carolina.

North Carolina law requires all applicants to show proof of a Social Security number, or documentary proof of their Social Security number, i.e. W-2 form, payroll stub, or a statement from the Social Security Office stating their Social Security number. If a Social Security number has never been issued or the applicant is not eligible for a Social Security number, the applicant will be required to present a completed affidavit, signed and notarized, at the time of applying for the marriage license. The affidavit form is available in the Register of Deeds Office.

If one or both of you is under 18 years of age, all applicants, including those not present, must provide a form of identification. Applicants 21 and over may use a valid driver's license, valid Military I.D, State ID, passport or certified birth certificate.

Applicants 18 to 20 must present a certified copy of their birth certificate. Applicants 16 and 17 must present a consent form signed by the parent, individual, agency or institution having legal custody or serving as the legal guardian of the underage party. A certified copy of the birth certificate is also required. The consent form must be notarized.

Applicants 14 and 15 must provide a certified copy of the court order authorizing the marriage. A certified copy of the birth certificate is also required.

A marriage license may not be issued to applicants under 14 years of age.

The North Carolina Marriage License fee is $50, cash only.

Marriage ceremonies may be either religious or civil. A religious ceremony is performed by an ordained minister. Any ordained minister of any faith who is authorized to perform marriages by his church may do so. Ministers must complete the marriage license and return it to the register of deeds who issued it.

A civil ceremony is conducted by a magistrate, the only civil officer authorized to perform marriages. There must be two witnesses at any marriage ceremony, whether it is civil or religious.

Common law marriage, which is recognized in some states, involves a couple living together and holding themselves out to everyone as man and wife. Even though there is no marriage ceremony or certificate, this marriage is considered valid in those states that recognize common law marriage. North Carolina is not one of those states, and no amount of living together in this state can result in a valid marriage, without a valid marriage ceremony.

First cousins MAY marry, but DOUBLE first cousins may not. Double first cousins are very rare, as the couple have to be related as cousins through both parents.

Same-sex marriages are not recognized in North Carolina.

© 2008, Coastal Carolina Bride.com

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