North Carolina Marriage Laws
Learn the Regulations for Marriage and Who You Can Marry in NC
On a personal level, the decision to marry is one of the most important
decisions you will make. And for many, the marriage ceremony is embodied
with significant religious and spiritual meaning.
More fundamentally, marriage is also a legal contract governed by NC 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 what constitutes a valid
legal marriage and the obligations and rights arising from the marriage contract.
Marriage Laws in North Carolina
The NC state's marriage laws limit who can marry based on a person's age
and blood relationship with 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.
Can You Marry Your Cousin in North Carolina
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”) marry
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 (brothers) and their mothers (sisters).
Who Can Marry You in NC?
Magistrates can conduct marriages in either civil or religious ceremonies.
A magistrate, minister, or any member of a religious group authorized to
solemnize marriages conducts civil or religious ceremonies.
All weddings must have at least two witnesses.
NC Wedding Officiant Requirements
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 can
occur at any time within that 60 days.
Obtaining a marriage license by misrepresentation or false pretenses is
a misdemeanor.
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 marriages without a marriage license issued by a register of deeds.
After the marriage, the person performing the ceremony (the "officiant")
must 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.
Common Law Marriages in NC
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 remember a common law marriage entered into
in another state that does recognize common law marriages.
Same-Sex Marriage Laws in North Carolina
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.
