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:

• 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.
• 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.
• Minors under the age of 14: It is unlawful for any person under the age of 14 to marry in North Carolina.

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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.

Call our office at (919) 348-2317 to get started.