North Carolina Marriage Laws Attorney
Understanding NC Laws & Regulations for Marriage
On a personal level, the decision to marry is one of the most important
decisions you will make in your life. And for many people, the marriage
ceremony is embodied with great religious and spiritual meaning.
On a more fundamental level, marriage is also a legal contract governed
by state law, because of the long-held belief that the state has a strong
public interest in promoting and protecting marriage and families. To
that end, North Carolina marriage laws define not only what constitutes
a valid legal marriage, but also the obligations and rights that arise
from the marriage contract.
North Carolina Marriage Laws
North Carolina marriage laws place limits on who can marry based on a person's
age and blood relationship to their prospective spouse.
Age Restrictions:
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A minor between the ages of 16-18: With the written consent of the person, agency or institution having
legal custody of the minor, or of a person serving as guardian of the minor.
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Minors between the ages of 14-16: If the prospective wife is pregnant, or has given birth, and intends to
marry the father of her child. The marriage of minors between the ages
of 14-16 must also be authorized by a district court. The court can authorize
an underage marriage if the court determines that the minor is capable
of assuming the responsibilities of marriage and that the marriage will
be in the minor's best interests. If the minor's parents oppose his or
her marriage, then it is presumed that it would not be in the minor's
best interests to marry.
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Minors under the age of 14: It is unlawful for any person under the age of 14 to marry in North Carolina.
Familial Restrictions:
North Carolina marriage laws forbid you from marrying any person who is your:
- Parent or grandparent.
- Child or grandchild.
- Nephew or niece.
First cousins may marry, except in the rare situation of “double
first cousins.” Double first cousins are children born when a set
of brothers (for instance, “A” and “B”) marries
a set of sisters (“C” and “D”). In this situation,
the children of A and C are first cousins of the children of B and D,
both through their fathers (who are brothers) and through their mothers
(who are sisters).
Who Can Legally Perform Weddings in NC?
Marriage can be conducted in either civil or religious ceremonies. A magistrate,
who is the only civil officer authorized to perform marriages, conducts
civil ceremonies. Religious ceremonies are performed by any member of
a religious group who is authorized to solemnize marriages. All marriages
must have at least two witnesses.
Ceremony and North Carolina Marriage Licenses
Whether you are having a civil or religious ceremony, you must obtain a
marriage license from the register of deeds of the county in which the
marriage is to take place. The register of deeds issues the license only
if the couple meets the legal requirements to marry.
A marriage license is valid for 60 days and the marriage ceremony itself
can take place at any time within that 60 days. It is a misdemeanor to
obtain a marriage license by misrepresentation or false pretenses.
Certain marriages licensed and solemnized according to the law or mode
of solemnization of a recognized Indian tribe or nation will be recognized
as a valid legal marriage without a marriage license issued by a register of deeds.
After the marriage, the person performing the ceremony (the “officiant”)
is required to give the newlyweds a marriage certificate. The marriage
certificate must be signed by the officiant and returned to the register
of deeds in the same county where the marriage license was issued. The
marriage certificate is the official record of the couple's marriage ceremony.
North Carolina Marriage Laws and Common Law Marriages
Common law marriages, or marriages by consent, entered into in North Carolina
are not recognized by the state as valid legal marriages. However, North
Carolina will recognize a common law marriage entered into in another
state that does recognize common law marriages.
North Carolina Marriage Laws and Same-Sex Marriage
Same-sex marriage in North Carolina has been legal since October 10, 2014,
when a federal judge ruled that the state's denial of marriage rights
to same-sex couples was unconstitutional. The United States Supreme Court
later ruled that all laws denying marriage rights to same-sex couples
were unconstitutional, and same-sex marriage became legal throughout the
United States in June 2015.
Marriage, Property, and Name Changes
In North Carolina, a new spouse automatically assumes certain legal rights
and obligations. For example, married spouses have the right to share
in each other’s estates, and children born to the marriage are become
eligible to inherit from their parents.
Many people choose to adopt their spouse’s surname when they marry,
and a couple may also assume a combined or hyphenated surname that includes
both their last names. This may be done at the time of the marriage, without
any special legal proceedings.
While it is common for a new spouse to change their surname after marriage,
it is not obligatory. If, after the marriage ends, you want to resume
your pre-marriage name, you must either do so as part of your divorce
decree or by petitioning the Superior Court in the county where you. You
can contact the Clerk of Superior Court in your county for the necessary forms.
Updating Official Records
If you or your spouse do decide to change your name upon marriage, you
are advised to update all your official records. Government agencies such
as the Social Security Administration or the Department of Motor Vehicles
should be informed of your name change. Private institutions such as your
bank and insurance company should also be informed.
Out-of-Wedlock Children
A child born to an unmarried couple is said to be “born out-of-wedlock”
and deemed illegitimate under North Carolina state law. Illegitimate children
do not automatically inherit from their fathers in the absence of a will.
However, if the parents of the out-of-wedlock child later marry, or if
the father petitions the court to formally legitimize the child, the child
becomes legitimate. A new birth certificate for the child will be issued
by the Registrar of Vital Statistics.
Questions? Call (919) 348-2317 for a Consultation
If you would like to discuss questions about family law matters, or if
you need assistance, contact Montgomery Family Law.
Call our office at (919) 348-2317 to get started.
