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 persons, the marriage
ceremony is embodied with great religious and spiritual meaning.
On a more fundamental level, marriage is also a legal contract governed
by North Carolina state law. Marriage is 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. In that pursuit, 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 years: If he or she receives the written consent of his or her parent having
full or joint legal custody, or 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: Marriage laws NC hold that it is unlawful for any person under the age
of 14 to marry.
Familial Restrictions:
- In regard to the blood relationship between the prospective spouses, North
Carolina marriage laws forbid the marriage of persons who are in the same family.
- First cousins may marry, but persons who are closer kin than first cousins
may not marry.
Who Can Legally Perform Weddings in NC?
Marriage can be conducted in civil or religious ceremonies. A magistrate,
who is the only civil officer authorized to perform marriages, conducts
civil ceremonies. Religious ceremonies are performed by someone in any
religious group that’s authorized to solemnize marriages. All marriages
must have 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 between a man and woman licensed and solemnized according
to the law or mode of solemnization of an Indian tribe or nation recognized
by our federal or state government 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 marriage is required to give
the newlyweds a marriage certificate. The marriage certificate must be
signed by the person performing the marriage and returned to the register
of deeds in the same county that 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 are not recognized by North
Carolina as valid legal marriages. There is one instance where North Carolina
will recognize a common law marriage: if a couple entered into a common
law marriage in another state which does recognize common law marriages,
and if that couple moves to North Carolina.
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. North Carolina had previously
denied marriage rights to same-sex couples by statute since 1996. A state
constitutional amendment that was approved in 2012 reinforced that by
defining marriage between a man and a woman as the only valid "domestic
legal union" in the state and denying recognition to any similar
legal status, such as civil unions.
North Carolina Property and Name Change Laws in Marriage
In North Carolina, the new husband and wife automatically assume certain
legal rights and obligations. For example, married spouses now have the
right to share in the estate of the other. If children are born to the
marriage, they become eligible to inherit their parents' estates.
While it is common practice for the bride to change her last name to her
husband's after marriage, it is not obligatory. If after marriage, the
wife wants to resume her maiden name, she must petition the Superior Court
in the county where she resides for a legal change of name.
After a divorce, a wife can petition the divorce court to allow her to
resume her maiden name. Any name changes must be approved through a petition
with the Superior Court. You can contact the Clerk of Superior Court in
your county for the necessary forms.
Hyphenated Names
A couple may also assume a combined or hyphenated name that includes both
their last names after a marriage. The bride may do this at the time of
her marriage without any special legal proceedings. The husband must,
however, petition the court for a legal name change to assume a combined
or hyphenated name.
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 a couple who are not married is born out-of-wedlock and
deemed illegitimate under North Carolina state law. If the parents of
the out-of-wedlock child later marry, 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 our family law lawyers in Cary at Montgomery
Family Law.
Call our office at (919) 348-2317 to get started.
