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North Carolina's Legal Wedding Requirements

Congratulations!!

 

The two of you have decided to get married but don’t have a clue as to what you need to do or what is required in North Carolina.  Every state has its own and different rules and regulations for a legal marriage.  Here’s the scoop for North Carolina!

 

You can go to any courthouse in the state of North Carolina to apply for and receive a marriage license to get married in any area of the state.  You do not have to be a resident of North Carolina to be able to obtain a marriage license.  If you wish, you can even stay right there and get married in the courthouse by a magistrate (if one is available).

 

Normally, both of you have to go together to apply for the license. However, one person in the couple may apply for the license provided that the person who is physically applying for the license also presents a sworn and notarized affidavit from the absent partner along with the rest of the required paper work described below. 

 

Proxy marriages are not allowed.  You both have to be present within the state and in front of an Officiant to be married. 

One of you has to be a male and the other one a female.  North Carolina does not recognize same sex marriages or unions.

 

You need to bring with you the following items to apply for your marriage license:

 

  1. Proof of age by showing a driver’s license, passport, military or state ID or a certified birth certificate.  (More about age later)
  2. Proof of Social Security number by providing a W-2 form, payroll stub or an official document which has your Social Security number printed on it.
  3. $60.00 cash only.  No check or credit/debit cards.  Cash only.
  4. If either of you have been married before, you will have to provide the date of the divorce or death of your partner.  If your divorce was finalized within 60 days of your application, then you’ll need to show the signed divorce decree.
  5. The marriage license is valid for 60 (sixty) days.  If you do not have your wedding within that time frame, then you will have to go back to the courthouse and reapply all over again.

 

The age issue.  If you’re over 20 years old, you don’t have to read this part.  If you’re under 20 you’ll need to bring a copy of your birth certificate.  

 

  1. If you’re under 14, forget about it.  You can’t be legally married in the state of North Carolina if you’ve lived less than 14 years.
  2. If you’re between 14 and 15 you’ll need a court order. 
  3. If you’re between 16 and 17 you’ll need proof of parental consent.

 

Now that you have your license, your next step is to plan the ceremony which needs to be in front of either an ordained or licensed clergy or a magistrate.  It’s up to you to make sure that your chosen Officiant is ordained or licensed.  It’s the responsibility of the Officiant to file the license within 10 days after the ceremony. If the Officiant does not file the license, they can be fined $200 or sued for that amount.

 

The ceremony must be witnessed by 2 (two) people other than the 3 already mentioned. (Bride, Groom, Officiant)   Here’s an interesting piece of information on the age of the required witnesses.  If you have your marriage before a magistrate, both witnesses have to prove that they are at least 18 years of age.  However, it is at the discretion of the Officiant who is able to sign as a witness.  If the minister/clergy believes that the witness is old enough and competent to understand what is going on, then that person may sign the license regardless of age.

 

Very Important

 

The Ceremony

The only requirements of the ceremony is that the man and woman, who are standing before the Officiant, want to get married and that they agree to marry each other.  That’s it.  Period.  You can have the ceremony whatever way you want to have it, where ever you want to have it and whenever (within 60 days of getting your marriage license) you want to have it.

 

You can have in inside, outside, in a tree, in a hat, with green eggs and ham, or upside down.  If the Officiant you’re consulting with doesn’t agree with your plans, find another.  There are no magic words, or gestures, or procedures (other than the legal requirements) to which you have to adhere.  I guarantee you’ll be able to find someone who will agree to marry you your way, no matter where, and when (within 60 days!)

 

If you have any further questions, feel free to call the Register of Deeds in Raleigh at 919-856-5490.  Their hours are Monday to Friday from 8:30 a.m. to 4:30 p.m.

 

 

 

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