Best Marriage Lawyers in North Dakota

About Marriage Law in North Dakota, United States

Marriage in North Dakota is legally recognized as a civil contract between two consenting individuals. State laws govern who can marry, how marriages are solemnized, and what legal rights are conferred by marriage. Whether you are planning to get married, facing challenges in your marriage, or need help understanding your rights, it is important to be informed about North Dakota's specific marriage statutes and requirements.

Why You May Need a Lawyer

Legal assistance related to marriage in North Dakota might be needed in various situations. Common reasons people consult a lawyer include:

• Questions about prenuptial or postnuptial agreements
• Concerns regarding eligibility to marry (age, prior marriages, consanguinity, etc.)
• Disputes about property or asset division within marriage
• Annulment or dissolution of marriage
• Legal advice on spousal rights, benefits, or obligations
• Immigration status based on marriage
• Issues related to domestic abuse or safety concerns
• Questions about same-sex marriage rights
• Assistance with navigating complex legal paperwork

Local Laws Overview

Understanding key aspects of North Dakota's marriage laws can help prevent legal issues or confusion. In North Dakota:

• The legal age to marry is 18. Individuals aged 16 or 17 may marry with parental consent and, in some cases, judicial approval.
• Marriage licenses are required and must be obtained from a county recorder. There is no waiting period after issuance.
• First cousins, siblings, aunts, uncles, or children and parents cannot marry due to close familial relationships (consanguinity restrictions).
• Both same-sex and opposite-sex couples have the right to marry under state law.
• Common law marriage is not recognized. Only legally solemnized marriages are valid in North Dakota.
• Prenuptial agreements are allowed, but both parties should receive independent legal advice to ensure enforceability.
• Divorce is granted on both fault-based and no-fault grounds, most commonly irreconcilable differences.
• Property and assets acquired during marriage are subject to equitable distribution in the event of divorce.

Frequently Asked Questions

What are the requirements to obtain a marriage license in North Dakota?

Both parties must apply in person at a county recorder's office, present official ID, provide social security numbers, and pay the required fee. If previously married, you must supply proof of divorce or a former spouse's death certificate.

How long is a marriage license valid in North Dakota?

A marriage license is valid for 60 days from the date of issuance. The marriage must take place within this period.

Can non-residents marry in North Dakota?

Yes, there are no residency requirements to get married in North Dakota, but the ceremony must occur within the state.

Is a blood test required to get married in North Dakota?

No, North Dakota does not require blood tests for marriage.

Can first cousins marry in North Dakota?

No, marriages between first cousins are not permitted in North Dakota.

Does North Dakota recognize same-sex marriage?

Yes, following the federal Supreme Court decision, North Dakota recognizes and allows same-sex marriage.

What happens if my marriage license expires before we get married?

If your license expires, you need to reapply for a new license before you can legally marry.

Are common law marriages recognized in North Dakota?

No, North Dakota does not recognize common law marriages formed within the state.

Can I marry if I am under 18 in North Dakota?

Individuals aged 16 or 17 may marry with parental consent and judicial approval, but those younger may not legally marry under any circumstances.

Can I change my name after marriage in North Dakota?

Yes, you may change your last name after marriage. You typically use your marriage certificate to update government and financial records.

Additional Resources

If you need legal advice or further information about marriage in North Dakota, the following resources may be helpful:

• North Dakota Department of Health, Division of Vital Records
• Local County Recorder's Office
• North Dakota Supreme Court: Self Help Center
• State Bar Association of North Dakota
• Legal Services of North Dakota
• Local legal aid organizations and family law attorneys

Next Steps

If you require legal assistance regarding marriage in North Dakota, consider the following actions:

• Gather all documents and information relevant to your situation, such as identification, previous court orders, or prenuptial agreements.
• Contact a local family law attorney or legal aid organization for an initial consultation.
• Prepare a list of questions or concerns to discuss during your legal consultation.
• Stay informed by reviewing materials provided by the North Dakota Supreme Court and Department of Health.
• Ensure that you clearly understand your rights and obligations before making any significant decisions related to marriage.

Professional legal advice tailored to your circumstances can protect your interests and help you navigate marriage laws in North Dakota effectively.