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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:
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Picture ID is required of each, i.e. Drivers License or certified copy of Birth Certificate.
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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.
- Applicants 21 and over may use a valid driver's license, valid Military I.D, State ID, passport or certified birth certificate.
- 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.
- 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.
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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:
- In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and
- With the consequent declaration by the minister or magistrate that the persons are husband and wife; or
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In accordance with any mode of solemnization recognized by any religious denomination, or federally
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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.
- A religious ceremony is performed by an ordained minister.
- 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
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Alamance County
Graham, NC
336.570.6565 |
Alexander County
Taylorsville, NC
828.632.3152 |
Alleghany County
Sparta, NC
336.372.4342 |
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Anson County
Wadesboro, NC
704.694.3212 |
Ashe County
Jefferson, NC
336.246.1841 |
Avery County
Newland, NC
828.733.8260 |
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Beaufort County
Washington, NC
252.946.2323 |
Bertie County
Windsor, NC
252.794.5309 |
Bladen County
Elizabeth Town, NC
910.862.6710 |
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Brunswick County
Bolivia, NC
910.253.4429 |
Buncombe County
Ashville, NC
828.255.5642 |
Burke County
Morganton, NC
828.438.5450 |
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Cabarrus County
Concord, NC
704.788.8112 |
Caldwell County
Lenoir, NC
828.757.1310 |
Camden County
Camden, NC
252.335.4077 |
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Carteret County
Beaufort, NC
252.728.8474 |
Caswell County
Yanceville, NC
336.694.4193 |
Catawba County
Newton, NC
828.465.1573 |
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Chatham County
Pittsboro, NC
919.542.8235 |
Cherokee County
Murphy, NC
828.837.2613 |
Chowan County
Edenton, NC
252.482.2619 |
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Clay County
Hayesville, NC
828.389.0087 |
Cleveland County
Shelby, NC
704.484.4834 |
Columbus County
Whiteville, NC
910.640.6625 |
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Craven County
New Bern, NC
252.636.6617 |
Cumberland County
Fayetteville, NC
910.678.7775 |
Currituck County
Currituck, NC
252.232.3297 |
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Dare County
Manteo, NC
252.473.3438 |
Davidson County
Lexington, NC
336.474.2643 |
Davie County
Mocksville, NC
704.634.2513 |
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Duplin County
Kenansville, NC
910.296.2108 |
Durham County
Durham, NC
919.560.0480 |
Edgecombe County
Tarboro, NC
252.641.7924 |
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Forsyth County
Winston-Salem, NC
336.727.2259 |
Franklin County
Louisburg, NC
919.496.3500 |
Gaston County
Gastonia, NC
704.866.3181 |
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Gates County
Gatesville, NC
252.357.0850 |
Graham County
Robbinsville, NC
828.479.7971 |
Granville County
Oxford, NC
919.693.6314 |
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Greene County
Snow Hill, NC
252.747.3620 |
Guilford County
Greensboro, NC
336.373.7556 |
Halifax County
Halifax, NC
252.583.2101 |
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Harnett County
Lillington, NC
910.893.7540 |
Haywood County
Waynesville, NC
828.452.6635 |
Henderson County
Hendersonville, NC
828.697.4901 |
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Hertford County
Winton, NC
252.358.7850 |
Hyde County
Swanquarter, NC
252.926.3011 |
Iredell County
Statesville, NC
704.872.7468 |
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Jackson County
Sylva, NC
828.586.7532 |
Johnston County
Smithfield, NC
919.989.5160 |
Jones County
Trenton, NC
252.448.2551 |
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Lee County
Sanford, NC
919.774.4821 |
Lenior County
Kinston, NC
252.559.6420 |
Lincoln County
Lincolnton, NC
704.736.8530 |
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Macon County
Franklin, NC
828.349.2095 |
Madison County
Marshall, NC
828.649.3131 |
Martin County
Williamston, NC
252.792.1683 |
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Mc Dowell County
Marion, NC
828.652.4727 |
Mecklenburg County
Charlotte, NC
704.336.2443 |
Mitchell County
Bakersville, NC
828.688.2139 |
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Montgomery County
Troy, NC
910.576.4271 |
Moore County
Carthage, NC
910.947.-6370 |
Nash County
Nashville, NC
252.459.9836 |
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New Hanover County
Wilmington, NC
910.341.4531 |
Northampton County
Jackson, NC
252.534.2511 |
Onslow County
Jacksonville, NC
910.347.3451 |
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Orange County
Hillsborough, NC
919.732.8181 |
Pamlico County
Bayboro, NC
252.745.4421 |
Pasquotank County
Elizabeth City, NC
252.335.4367 |
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Pender County
Burgaw, NC
910.259.1225 |
Perquimans County
Hertford, NC
252.426.5660 |
Person County
Roxboro, NC
336.597.7221 |
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Pitt County
Greenville, NC
252.830.4130 |
Polk County
Columbus, NC
828.894.8450 |
Randolph County
Asheboro, NC
336.318.6960 |
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Richmond County
Rockingham, NC
910.997.8250 |
Robeson County
Lumberton, NC
910.671.3045 |
Rockingham County
Wentworth, NC
336.342.8820 |
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Rowan County
Salisbury, NC
704.638.3102 |
Rutherford County
Rutherfordton, NC
828.287.6155 |
Sampson County
Clinton, NC
910.592.8026 |
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Scotland County
Laurinburg, NC
910.277.2575 |
Stanly County
Albemarle, NC
704.983.7235 |
Stokes County
Dan Bury, NC
336.593.2811 |
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Surry County
Dobson, NC
336.366.8150 |
Swain County
Bryson City, NC
828.488.9273 |
Transylvania County
Brevard, NC
828.884.3162 |
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Tyrell County
Columbia, NC
252.796.2901 |
Union County
Monroe, NC
704.283.3843 |
Vance County
Henderson, NC
252.438.4155 |
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Wake County
Raleigh, NC
919.856.5460 |
Warren County
Warrenton, NC
252.257.3265 |
Washington County
Plymouth, NC
252.793.2325 |
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Watauga County
Boone, NC
828.265.8052 |
Wayne County
Goldsboro, NC
919.731.1449 |
Wilkes County
Wilkesboro, NC
336.838.2052 |
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Wilson County
Wilson, NC
252.399.2935 |
Yadkin County
Yadkinville, NC
336.679.4225 |
Yancey County
Burnsville, NC
828.682.2174 |
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