Experience
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
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 place limits on who can marry based on a person's age and blood relationship to their prospective spouse.
North Carolina marriage laws forbid you from marrying any person who is your:
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).
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.
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.
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.
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.
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.
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.
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
At Montgomery Family Law, each of our attorneys dedicates 100% of their law practice to family law and divorce.
Two of our attorneys are N.C. Board Certified Family Law Specialists, a certification earned by only 1% of lawyers statewide.
Known for our dedication, our firm is rated AV Preeminent® by peers, the highest rating possible for ethics and legal skill.