North carolina laws for common marriage

This can be accomplished by providing your driver's license, military or state-issued ID, passport, or a certified birth certificate.

Is cohabitation before marriage illegal in NC?

If you're between 18 and 21 years of age, a birth certificate is required along with another form of identification. You will also need to show proof of your Social Security number. You can do this with the actual card or a W-2 form, payroll stub, or any official document with your Social Security number on it.

If you've never been issued one, there is an affidavit you can sign when applying for the license. Some counties allow you to begin the application online. This can speed up the process once you get to the office and help ensure you have all the information needed. If either of you was previously married, you must provide the date month and year of the divorce or your previous spouse's death.

If the divorce was within the last 30 days, a signed copy of the divorce decree will need to be shown as well. North Carolina does not have a waiting period. As soon as you receive the license, you can have the ceremony. The form of payment may vary from one county to another.


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Check with your local Register of Deeds for more information. Proxy marriages are not allowed in North Carolina, so you both must be present at the ceremony. However, just one of you can apply for the marriage license if a sworn and notarized affidavit from your absent partner is presented.

In North Carolina, you can marry a first cousin. However, if the two of you have a closer relationship than that, you may not marry in North Carolina.

North Carolina Marriage Laws

The first step in the process is for one party to file a divorce complaint with the clerk of court in his or her county. From here, if you believe that the divorce that you and your partner are entering into will be relatively amicable, you can enter a mediation. The court can also order a mediation.


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  • Divorce Laws in North Carolina | Most Important Things to Know - SmartAsset!
  • Learn about common law marriages and find out what states recognize them..
  • A meditation will help you and your soon-to-be ex work through all of the sticking points in your divorce without the costly and time-consuming process of a trial in open court. This could include depositions. Then comes the trial, where both sides will make their case.

    The judge will then issue a ruling for final divorce orders after deliberation. North Carolina considers any property obtained during the marriage by either spouse as marital property, which means that both parties have an equal claim to it during divorce proceedings. Any debts incurred during the marriage are also marital property.

    On the other hand, any property that either spouse obtained before the marriage is considered separate property and is only owned by the spouse who acquired it. Also considered separate property are any assets that were inherited or received as a gift during the marriage. Gifts between spouses, however, are marital property. However, the following factors may be taken into account to ensure the equitable distribution of property:. The court does not consider any actions that led to the end of the marriage, such as adultery, when dividing property.

    How to Get a Marriage License in North Carolina

    In North Carolina, both parents are responsible for the support of their children, regardless of who the custodial parent is. If you are the non-custodial parent paying child support, you are responsible for doing so until the child turns North Carolina does not recognize common law marriages.

    Under N. Common law marriages or marriages by consent that arise in our state are not recognized by North Carolina law as valid legal marriages.

    In South Carolina, Does Living Together Create a Common Law Marriage?

    North Carolina will recognize a common law marriage only if the couple entered into a common law marriage in a state that recognizes common law marriage and then moved to North Carolina. Simply put, if a common law marriage from another state is valid in North Carolina, then the parties to a divorce in this state can apply North Carolina laws regarding spousal support and equitable distribution in the event at least one party meets the six-month jurisdictional requirement. While common law marriage may seem like an attractive alternative as one need not meet any government licensing requirements , court interaction is very likely unavoidable when seeking a divorce.

    There are many more complexities involved in parting than in the initial union.