Marriage Law North Carolina

MARRIAGE LAW- NORTH CAROLINA
The marriage law in North Carolina is governed by Chapter 51 of North Carolina General Statute. To get married in North Carolina one must posses a Marriage license.
 
PROHIBITED DEGREES OF KINSHIP
 
When the degree of kinship is estimated with a view to ascertain the right of kinspeople to marry, the half blood shall be counted as the wholeblood:
 
Provided, that nothing herein contained shall be so construed as to invalidate any marriage heretofore contracted in case where by counting the half blood as the whole blood the persons contracting such marriage would be nearer of kin than first cousins; but in every such case the kinship shall be ascertained by counting relations of the half blood as being only half so near kin as those of the same degree of the whole blood.
 
MARRIAGE LICENSE
Marriage license Requirement
 
For obtaining a license one may require the following documents:
  1. Picture ID is required of each, i.e. Drivers License or certified copy of Birth Certificate.
  2. 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.
Marriage License Application Requirement
 
Both parties to a marriage should appear in person at the the register of deeds' office 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.
 
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.
 
PERSONS UNDER THE AGE OF 18 YEARS
All applicants, including those not present, must provide a form of identification.
  1. Applicants 21 and over may use a valid driver's license, valid Military I.D, State ID, passport or certified birth certificate.
  2. 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.
  3. 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.
  4. A marriage license may not be issued to applicants under 14 years of age.
VALIDITY OF LICENSE
 
A marriage License is valid for 60 days. The license can only be used within the State of North Carolina.
 
FEES
A license fee of $50 in Cash is required at the time of applying for marriage licnse.
 
WAITING PERIOD
The Law does not prescribe any waiting period for obtaining the.
 
SOLEMNIZATION MARRIAGE

A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:

  1. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and
  2. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or
  3. In accordance with any mode of solemnization recognized by any religious denomination, or federally

or

State recognized Indian Nation or Tribe.

Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation.

The Marriage Ceremony

Marriage ceremonies may be either religious or civil.

  1. A religious ceremony is performed by an ordained minister.
  2. 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
 
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.
 
ADDRESSES OF NORTH CAROLINA CLERK'S OFFICE
 

Alamance County
Graham, NC
336.570.6565

Alexander County
Taylorsville, NC
828.632.3152

Alleghany County
Sparta, NC
336.372.4342

Anson County
Wadesboro, NC
704.694.3212

Ashe County
Jefferson, NC
336.246.1841

Avery County
Newland, NC
828.733.8260

Beaufort County
Washington, NC
252.946.2323

Bertie County
Windsor, NC
252.794.5309

Bladen County
Elizabeth Town, NC
910.862.6710

Brunswick County
Bolivia, NC
910.253.4429

Buncombe County
Ashville, NC
828.255.5642

Burke County
Morganton, NC
828.438.5450

Cabarrus County
Concord, NC
704.788.8112

Caldwell County
Lenoir, NC
828.757.1310

Camden County
Camden, NC
252.335.4077

Carteret County
Beaufort, NC
252.728.8474

Caswell County
Yanceville, NC
336.694.4193

Catawba County
Newton, NC
828.465.1573

Chatham County
Pittsboro, NC
919.542.8235

Cherokee County
Murphy, NC
828.837.2613

Chowan County
Edenton, NC
252.482.2619

Clay County
Hayesville, NC
828.389.0087

Cleveland County
Shelby, NC
704.484.4834

Columbus County
Whiteville, NC
910.640.6625

Craven County
New Bern, NC
252.636.6617

Cumberland County
Fayetteville, NC
910.678.7775

Currituck County
Currituck, NC
252.232.3297

Dare County
Manteo, NC
252.473.3438

Davidson County
Lexington, NC
336.474.2643

Davie County
Mocksville, NC
704.634.2513

Duplin County
Kenansville, NC
910.296.2108

Durham County
Durham, NC
919.560.0480

Edgecombe County
Tarboro, NC
252.641.7924

Forsyth County
Winston-Salem, NC
336.727.2259

Franklin County
Louisburg, NC
919.496.3500

Gaston County
Gastonia, NC
704.866.3181

Gates County
Gatesville, NC
252.357.0850

Graham County
Robbinsville, NC
828.479.7971

Granville County
Oxford, NC
919.693.6314

Greene County
Snow Hill, NC
252.747.3620

Guilford County
Greensboro, NC
336.373.7556

Halifax County
Halifax, NC
252.583.2101

Harnett County
Lillington, NC
910.893.7540

Haywood County
Waynesville, NC
828.452.6635

Henderson County
Hendersonville, NC
828.697.4901

Hertford County
Winton, NC
252.358.7850

Hyde County
Swanquarter, NC
252.926.3011

Iredell County
Statesville, NC
704.872.7468

Jackson County
Sylva, NC
828.586.7532

Johnston County
Smithfield, NC
919.989.5160

Jones County
Trenton, NC
252.448.2551

Lee County
Sanford, NC
919.774.4821

Lenior County
Kinston, NC
252.559.6420

Lincoln County
Lincolnton, NC
704.736.8530

Macon County
Franklin, NC
828.349.2095

Madison County
Marshall, NC
828.649.3131

Martin County
Williamston, NC
252.792.1683

Mc Dowell County
Marion, NC
828.652.4727

Mecklenburg County
Charlotte, NC
704.336.2443

Mitchell County
Bakersville, NC
828.688.2139

Montgomery County
Troy, NC
910.576.4271

Moore County
Carthage, NC
910.947.-6370

Nash County
Nashville, NC
252.459.9836

New Hanover County
Wilmington, NC
910.341.4531

Northampton County
Jackson, NC
252.534.2511

Onslow County
Jacksonville, NC
910.347.3451

Orange County
Hillsborough, NC
919.732.8181

Pamlico County
Bayboro, NC
252.745.4421

Pasquotank County
Elizabeth City, NC
252.335.4367

Pender County
Burgaw, NC
910.259.1225

Perquimans County
Hertford, NC
252.426.5660

Person County
Roxboro, NC
336.597.7221

Pitt County
Greenville, NC
252.830.4130

Polk County
Columbus, NC
828.894.8450

Randolph County
Asheboro, NC
336.318.6960

Richmond County
Rockingham, NC
910.997.8250

Robeson County
Lumberton, NC
910.671.3045

Rockingham County
Wentworth, NC
336.342.8820

Rowan County
Salisbury, NC
704.638.3102

Rutherford County
Rutherfordton, NC
828.287.6155

Sampson County
Clinton, NC
910.592.8026

Scotland County
Laurinburg, NC
910.277.2575

Stanly County
Albemarle, NC
704.983.7235

Stokes County
Dan Bury, NC
336.593.2811

Surry County
Dobson, NC
336.366.8150

Swain County
Bryson City, NC
828.488.9273

Transylvania County
Brevard, NC
828.884.3162

Tyrell County
Columbia, NC
252.796.2901

Union County
Monroe, NC
704.283.3843

Vance County
Henderson, NC
252.438.4155

Wake County
Raleigh, NC
919.856.5460

Warren County
Warrenton, NC
252.257.3265

Washington County
Plymouth, NC
252.793.2325

Watauga County
Boone, NC
828.265.8052

Wayne County
Goldsboro, NC
919.731.1449

Wilkes County
Wilkesboro, NC
336.838.2052

Wilson County
Wilson, NC
252.399.2935

Yadkin County
Yadkinville, NC
336.679.4225

Yancey County
Burnsville, NC
828.682.2174