Best Marriage Lawyers in North Carolina

About Marriage Law in North Carolina, United States

Marriage law in North Carolina is governed by state statutes that outline the requirements and procedures for legally recognized marriages. North Carolina allows both opposite-sex and same-sex couples to marry. The state has specific rules regarding eligibility, age, consent, and the legal recognition of marriage. Understanding these laws is important to ensure that a marriage is valid and legally binding. Marriage creates significant legal obligations and rights related to property, finances, and family matters.

Why You May Need a Lawyer

While many marriages proceed without legal complications, there are situations where legal advice is beneficial or necessary. People may require legal assistance for the following reasons:

• Ensuring eligibility and compliance with all legal marriage requirements
• Drafting or reviewing prenuptial or postnuptial agreements
• Navigating issues related to second marriages, previous divorces, or annulments
• Addressing concerns about property rights, assets, debts, or children from previous relationships
• Seeking advice on immigration or citizenship matters associated with marriage
• Assisting with name changes or correcting marriage records
• Representing parties in cases of contested or forced marriages

Local Laws Overview

Key aspects of North Carolina marriage law include the following:

• Marriage License: Couples must obtain a marriage license from a county Register of Deeds before the ceremony. Both parties must appear in person and provide valid identification.
• Age Requirements: Generally, both parties must be at least 18 years old. Minors aged 16 or 17 may marry with parental consent. In rare circumstances, those aged 14 or 15 may marry with court approval if the bride is pregnant or has a child.
• Waiting Period: North Carolina does not require a waiting period after obtaining the marriage license.
• Ceremony and Officiant: The marriage must be solemnized by an authorized officiant, such as a religious leader, magistrate, or judge, and witnessed by two people.
• Prohibited Marriages: Marriages between close relatives are not allowed, and bigamy is prohibited.
• Marriage Records: After the ceremony, the officiant files the license with the Register of Deeds. Certified copies can then be requested as legal proof of marriage.

Frequently Asked Questions

What documents do we need to get married in North Carolina?

You will need valid photo identification for both parties, such as a driver’s license, state ID, passport, or military ID. If previously married, you may need to provide a certified divorce decree or death certificate for a former spouse.

Can non-residents get married in North Carolina?

Yes, you do not have to be a resident of North Carolina to obtain a marriage license and get married in the state.

Do we need a blood test to get married?

No, North Carolina does not require a blood test or medical exam to obtain a marriage license.

How long is the marriage license valid?

A marriage license in North Carolina is valid for 60 days from the date it is issued.

Can same-sex couples marry in North Carolina?

Yes, same-sex marriage is legal and recognized in North Carolina.

What is a prenuptial agreement and do we need one?

A prenuptial agreement is a contract drafted before marriage outlining how assets and debts will be managed in case of divorce or death. It is optional but can be beneficial, especially if either party has significant assets or prior obligations.

Is common law marriage recognized in North Carolina?

No, North Carolina does not recognize common law marriages initiated within the state. However, the state may recognize common law marriages established in other jurisdictions.

Who can officiate a wedding ceremony in North Carolina?

Ordained ministers, religious leaders, and certain government officials such as magistrates or judges can officiate marriage ceremonies in North Carolina.

What happens if we lose our marriage certificate?

You can request a certified copy of your marriage certificate from the Register of Deeds in the county where you were married.

Are there any fees associated with getting married?

Yes, there is a marriage license fee, which varies by county but is typically around 60 dollars. Additional fees may apply for certified copies of the marriage certificate.

Additional Resources

• North Carolina Judicial Branch: Offers information about marriage requirements and legal processes
• North Carolina Register of Deeds: Each county office provides marriage licenses, certificates, and guidance about documentation
• North Carolina Bar Association: Offers lawyer referrals and legal education resources
• Legal Aid of North Carolina: Provides legal assistance for those who qualify
• National Center for State Courts: Offers general information about marriage laws across the United States

Next Steps

If you have questions about marriage laws, encounter unique circumstances, or want to ensure your rights and obligations are clear, it is wise to consult a qualified family law attorney in North Carolina. Start by reaching out to your local Register of Deeds to understand the basic requirements. If you need personalized guidance, seek a consultation with a lawyer who practices family law. They can help you prepare essential documents, address legal complexities, and provide clarity on any concerns you may have. Consider reaching out to legal aid services if you need assistance but have limited financial resources. Acting early and understanding your rights can help prevent future legal issues and safeguard your interests as you begin your marriage in North Carolina.