Weddings
A wedding is one of life's great moments and getting married will be one of the major commitments in your life. It is a time of solemn commitment as well as good wishes and joy. Marriage is a social institution intended to be a creative relationship that enables a husband and wife to love and support each other in good times and bad, and to share in the upbringing of children.
If you wish to marry in North Carolina you may do so by either a civil or religious ceremony. A civil ceremony is one conducted by a magistrate -- the only civil official authorized to perform marriages. A religious ceremony is one performed by an ordained minister. Each type of ceremony required two witnesses and each has its advantages, but since this page primarily concerns the civil variety, we'll point out a number of advantages to having a civil ceremony that make it very attractive. Civil ceremonies are:
Convenient - The procedure is simple, it does not require hectic arrangements or formal attire, and the ceremony can be conducted in the presence of a minimum number of people.
Economical - The ceremony is conducted for $20.00. In fact, it is unlawful for a magistrate to charge anything more.
Quick - The procedure is simple and can be over with in a few minutes.
Uncomplicated - The ceremony does not involve numerous religious rites and can be very simply structured.
Note that in North Carolina a man and a woman cannot become legally husband and wife as a result of living together over a period of time. "Common Law" marriages are not recognized. A legal marriage requires a license and a ceremony that comply with the state's marriage laws. If a man and a woman marry in another state, that marriage generally will be recognized in North Carolina if it complied with the laws of the state in which it occurred. North Carolina does not recognize marriages between persons of the same gender, however, regardless of where or how the marriage was created.
The License
A legal marriage within North Carolina, whether civil or religious, can only occur if a marriage license has been issued. In fact, you can't get married without it. Fortunately, obtaining the license is a simple procedure. The license is secured from a county Register of Deeds office and is valid throughout the state for 60 days after it is issued. Persons 21 years old or older may validate their personal identification with a Driver's License. Persons between the ages of 18 and 21 years may marry without the consent of a parent or guardian but will need a Birth Certificate. There is no longer a blood test requirement or waiting period. Following the ceremony, the magistrate or minister will complete the license and return it to the Register of Deeds Office in the county where it was issued. The license then becomes an official record. License Requirements
Eligibility
It is a legal requirement in North Carolina that one partner must have been born male and the other female and that the partners are not related to each other in a way that is forbidden by law. It is also required that both partners to be married must be acting by their own consent and that both must be of sufficiently sound mind to understand the nature of the marriage contract.
Persons 18 years or older may marry without the consent of a parent, guardian, or the court.
Emancipated Minors may marry without the consent of a parent, guardian, or the court.
Persons over 16 but under the age of 18 years may marry only upon the written consent of a parent having full or joint legal custory of the underage party, or a person, agency, or institution having legal custody or serving as a guardian of the underage party.
If a person over the age of 14, but under 16 years of age is (1) a female who is pregnant or who has given birth or (2) the putative father of a child, and the underage party wishes to marry the other parent of the child, the underage party may marry only if there is filed with the Register of Deeds a certified copy of an order from a District Court Judge authorizing the marriage.
The Ceremony
Couples who wish to marry and, for whatever reason, are unwilling or unable to avail themselves of a religious ceremony, may elect to have a civil ceremony conducted by a magistrate. During the ceremony you will repeat the declaratory and contracting words offered by the magistrate and, if you have special words that you would like to say to each other, you may request that they be included.
Name Change
If the bride wishes to change her name, she will need a certified copy of her marriage license from the Register of Deeds office in the county where the license was obtained. The magistrate or minister who performed the ceremony is allowed 10-days to return the license, so she should wait a couple of weeks before making her request.
Certified copies are $10 each and may be obtained by mail. The full name of the bride (as it appears on the marriage license) and groom should be provided as well as the date of the marriage, the number of copies desired, payment, and a return address.
Keep in mind that both the Department of Motor Vehicles and the Social Security office will require a certified copy of the marriage license. |