Marriage in North Carolina

Perhaps the most important decision one

ever makes is the decision to marry.

Certainly it greatly affects a person’s

personal happiness and future. But society

at large also has an interest in marriage

because marriage is the foundation of the

family. To protect society’s interest in the

institution of marriage, therefore, each state

has enacted laws designed to ensure both

the legality and the stability of the marriage

union.

Many couples view marriage as a serious

religious or spiritual commitment. It also is a

legal contract. Marriages are usually entered

into on the basis of a couple’s love, faith,

and trust in each other, not on the basis of

carefully drafted and negotiated documents.

Nevertheless, marriage has many legal

consequences that people who are about to

marry should realize.

All of the rights and obligations of marriage

do not end just because the marriage does.

Each spouse may have claims against the

other for child custody and child support,

claims to property of the other, or claims to

support from the other. It is good to think

about these potential claims before you enter

into marriage. You have the right to modify

many of the obligations imposed by the law

by entering into a premarital agreement.

The purpose of this pamphlet is to help you

understand North Carolina marriage laws

and some of the legal matters that may affect

the lives of any married couple.

MARRIAGE IN

NORTH CAROLINA

Published as a Public Service

by the Communications Committee of the

North Carolina Bar Association

MARRIAGE IN

NORTH CAROLINA

Marriage

in North

Carolina

Revised 2015 • Reviewed 2017

This pamphlet was prepared as a public

service by the Communications Committee

and is not intended to be a comprehensive

statement of the law. North Carolina

laws change frequently and could affect

the information in this pamphlet. If you

have specific questions with regard to any

matters contained in this pamphlet, you are

encouraged to consult an attorney. If you

need an attorney, please contact the North

Carolina Lawyer Referral Service, a nonprofit

public service project of the North Carolina

Bar Association, via phone (1.800.662.7660)

or online (www.ncfindalawyer.org).

The North Carolina Bar Association does not

intend to signify approval or endorsement of

their work or views of agencies and firms

distributing this pamphlet. For other pamphlets

check your local public library or, for additional

free pamphlets, please send a self-addressed

stamped envelope to:

North Carolina Bar Association

Attention: Pamphlet Program

P.O. Box 3688 • Cary, NC 27519

Visit our website at ncbar.org

MARRIAGE IN

NORTH CAROLINA

THE MARRIAGE CERTIFICATE • After a marriage

ceremony, whoever performs the ceremony is required

to give the couple a marriage certificate. This certificate

includes the couple’s names and addresses, the date of

the marriage, the county that issued the marriage license

and the date of the license. The minister or magistrate

must sign the license and return it to the register of deeds

who issued the license; this is the official record of the

ceremony.

ESTATE PLANNING AND INHERITANCE •

Newly-married spouses automatically have new legal

rights and responsibilities as a result of their marriage.

Each spouse is now eligible to share in the estate of

the other. As soon as children are born to the marriage

or legally adopted, they also will become eligible to

share in the estate of their parents. Stepchildren are

not treated as children of the marriage unless adopted

by the stepparent.

If you are contemplating marriage, you should con-

sider writing a will. If a person dies without a will, state

laws govern how that person’s income and property

will be distributed. Regardless of the amount of income

or property involved, it is wise for each spouse to have

a will to govern distribution of the estate and to take

advantage of federal and state laws favorable to those

who are married. See the “Protecting Your Assets: Wills,

Trusts and Powers of Attorney” pamphlet in this series

for more information.

NAME CHANGE • While it is possible for a person

to change his or her name by the common law method

of consistent and non-fraudulent use, the recommended

method is to obtain a name change in accordance with

the North Carolina statutes. Many spouses choose

to assume the other spouse’s last name or to assume

a combined or hyphenated name. The spouses may

assume a new name at the time of marriage with no

formal legal proceedings. Likewise, each spouse may

retain his/her original name at the time of marriage with

no formal legal proceedings. But if a spouse who took

the other spouse’s name wants to resume a former name

after the marriage and prior to a divorce, that spouse

must petition the Clerk of Court in the county where he/

she resides for a legal name change. A spouse who is

divorcing may resume a former name by requesting this

change in the divorce proceedings or through the clerk’s

office after divorce. A spouse seeking a name change

should contact the clerk for the necessary forms.

In any name change, it is important to keep all

official records up to date. Any name change should be

communicated to all government agencies that might be

affected — such as the Social Security Administration and

the Department of Motor Vehicles. Such private institu-

ELIGIBILITY • North Carolina law establishes legal limi-

tations concerning marriage that deal with age and blood

relationships. In general, one must be at least 18 years of

age to get married in this state. Minors 16-18 may marry

with their parents’ or guardians’ consent. Persons between

14-16 years of age may marry if the female is pregnant or

gives birth and there is a District Court order authorizing

the marriage. It is unlawful for persons under 14 to marry.

The law discourages marriage by persons who are in

the same family. First cousins may marry, but persons who

are more closely related than first cousins may not.

Common law marriage or marriage by consent is not

recognized in North Carolina. However, common law mar-

riage may be recognized by North Carolina if the parties

have engaged in behavior in another state which would be

recognized by that state as common law marriage.

THE LICENSE • You must obtain a marriage license

before you can be legally married in North Carolina —

whether you are to be married in a civil ceremony or a

religious ceremony. A marriage license can be secured

from any Register of Deeds office. No waiting period is

required before the ceremony takes place; however, the

license is valid only for 60 days after it is issued. Obtaining

a marriage license by misrepresentation is a misdemeanor.

PREMARITAL AGREEMENTS • Parties about to marry

may enter into a written contract before marriage with

respect to a variety of matters so long as the contract meets

the requirements of North Carolina law. Such a contract

then becomes effective upon marriage of the parties. A

premarital agreement cannot eliminate a child support obli-

gation or take away the court’s power to decide what child

custody arrangement is in a child’s best interests.

If you are contemplating marriage and you have

children or obligations from a prior marriage, have an

expectation of significant gifts or inheritances from third

parties, own property or wish to provide for disposition

of assets and liabilities or wish to limit exposure to future

spousal support obligations, it is wise to consult an attorney

with an expertise in marital law before you marry. Keep

in mind that these agreements can be complex in some

circumstances, so they are best examined and drafted well

in advance of the date of the marriage.

THE CEREMONY • Marriage ceremonies may be either

religious or civil. A religious ceremony is performed by

an ordained minister or is performed in accordance with

the recognized practices of any religious denomination

or federally or state recognized Indian Nation or Tribe. A

civil ceremony is conducted by a magistrate, the only civil

officer authorized to perform marriages. There must be two

witnesses at any marriage ceremony, whether it is civil or

religious.

tions as your bank, insurance company, employers

and others should also be notified of changes in

your name and marital status.

INSURANCE • If you have life or health insurance

and then marry, you should consider what changes

should be made in your insurance program. All

insurance companies that carry policies on you that

may be affected by this change in status should be

notified. Also, perhaps the beneficiaries of your life

or health insurance policies need to be changed or

expanded to include your spouse.

INCOME TAX STATUS • A married couple is

entitled to file a joint federal income tax return if

they were married at the end of the tax year. Filing

a joint tax return can sometimes reduce taxes, but

the financial advantage of the joint return varies

with each couple’s individual financial situation, and

filing a joint return renders both parties jointly and

severally liable on the return.

LEGITIMACY AND ILLEGITIMACY • A child

born to a husband and wife is legitimate. A child

born to a couple who were not married when the

child was born is deemed illegitimate under state

law. If the parents of a child born out of wedlock

later marry each other, the child becomes legitimate.

A new birth certificate will be issued by the Registrar

of Vital Statistics upon presentation of a certified

marriage certificate. A child of a marriage that is

prohibited by law (e.g., a bigamous marriage) also

is legitimate.

North Carolina law is not yet fully developed

with respect to same-sex couples and their children.

You should consult an attorney with expertise in

marital law who can provide up-to-date information

and advice regarding children of same-sex couples.

ADOPTION • When a child is adopted, the child

has the same legal status as a natural child born to

the adoptive parents, including the right to financial

support and the right to inherit property from the

parents. The biological parents of a child who has

been adopted are no longer legally the parents of

that child.

Whether to adopt is an important decision for

both the child and the adoptive parents. All of the

legal and social aspects of an adoption should be

discussed with the lawyer who handles the adop-

tion and with the social agency responsible for the

placement.