Getting Married in North Carolina: Legal Requirements and Process

Getting married in North Carolina requires obtaining a marriage license from a county Register of Deeds office, with both parties appearing in person with valid identification. North Carolina has no waiting period after receiving your license, but the license expires 60 days after issuance if the marriage ceremony isn't performed.

North Carolina does not recognize common law marriages established within the state, so a formal marriage license and ceremony are legally required for your marriage to be recognized. Same-sex marriages are legally recognized in North Carolina following the 2015 Supreme Court ruling.

Key Considerations

Blended Families (Couples with Children from Previous Relationships)

Scenarios

Decisions

Same-Sex Couples

Scenarios

Decisions

Blended Families

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Decisions

Couples with Children from Previous Relationships

Scenarios

Decisions

Couples with Children
Young Couples with No Children

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Decisions

Blended Families (Partners with Children from Previous Relationships)

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Decisions

Couples with Significant Assets

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Decisions

Relevant Laws

Marriage License Requirements

In North Carolina, couples must obtain a marriage license before getting married. Both parties must appear in person at a Register of Deeds office in any county in North Carolina. The license is valid for 60 days from issuance and can be used anywhere in the state. No blood tests are required, but applicants must provide proof of age and identity.

Age Requirements for Marriage

North Carolina law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 may marry with parental or guardian consent. As of 2021, North Carolina raised the minimum marriage age from 14 to 16, eliminating exceptions that previously allowed younger individuals to marry.

Waiting Period

North Carolina does not impose a waiting period between obtaining a marriage license and the ceremony. Couples can get married the same day they receive their license if they wish.

Solemnization Requirements

Marriages in North Carolina must be solemnized by an authorized person, which includes magistrates, ordained ministers, and certain religious officials. The ceremony must include a declaration by both parties that they take each other as husband and wife, made in the presence of the officiant and at least two witnesses.

Name Change After Marriage

In North Carolina, either spouse may change their surname after marriage by presenting the marriage certificate to relevant agencies (Social Security Administration, DMV, etc.). This is not automatic and requires action by the person wishing to change their name.

Common Law Marriage

North Carolina does not recognize common law marriages established within the state. However, it will recognize valid common law marriages established in states where such marriages are legal.

Regional Variances

Marriage License Requirements in North Carolina

In Mecklenburg County, couples must apply for their marriage license in person at the Register of Deeds office. The county requires a 60-day waiting period for divorced applicants if the divorce was finalized within the past 60 days. The marriage license fee is $60, payable by cash or credit card.

Wake County requires both parties to appear in person at the Register of Deeds office. They offer an online pre-application process to save time during the in-person visit. The marriage license fee is $60, and licenses are valid for 60 days after issuance.

Buncombe County (Asheville area) requires appointments for marriage license applications, which can be scheduled online. They have specific documentation requirements for name changes due to previous marriages. The county also offers a separate ceremony room for couples who wish to have their ceremony performed by a magistrate.

In New Hanover County (Wilmington area), couples can begin their marriage license application online before visiting the Register of Deeds office. The county requires certified copies of divorce decrees if either party has been divorced within the past year. They also have specific requirements for military personnel stationed in the area.

Durham County requires both applicants to appear in person with valid ID. They have specific requirements for non-US citizens regarding acceptable identification. The county also offers same-day marriage ceremonies with a magistrate for an additional fee, which must be scheduled in advance.

Marriage Ceremony Requirements in North Carolina

Orange County allows for self-uniting marriages (Quaker marriages) where couples can marry themselves without an officiant, provided they follow specific documentation requirements. This is unique compared to many other counties that strictly require an officiant.

Guilford County has specific requirements for marriage ceremonies performed by magistrates, including limited hours (Monday-Friday, 2pm-4pm) and requiring an appointment. They also have stricter witness requirements, mandating that witnesses must be at least 18 years old and provide government-issued photo ID.

In Forsyth County, couples seeking a magistrate ceremony must schedule at least 24 hours in advance. The county also has specific guidelines for religious ceremonies, requiring ordained ministers to register with the county before performing marriages.

Name Change Procedures After Marriage in North Carolina

Cumberland County has a streamlined process for military spouses changing their names after marriage, with dedicated staff to assist with expedited processing due to the large military population from Fort Liberty (formerly Fort Bragg).

Cabarrus County requires additional documentation for name changes after marriage, including proof of publication in a local newspaper for certain situations, which differs from many other counties' simpler processes.

Suggested Compliance Checklist

Apply for a Marriage License

30-60 days before wedding days after starting

In North Carolina, both parties must appear in person at the Register of Deeds office in any county to apply for a marriage license. You'll need to bring valid photo ID, proof of Social Security numbers, and pay a fee (typically $60). The license is valid for 60 days after issuance. There is no waiting period in North Carolina, so you can get married the same day you receive your license.

Document: Marriage License Application

Consider a Prenuptial Agreement

90-120 days before wedding days after starting

While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In North Carolina, prenups must be in writing, signed by both parties, and executed before the marriage. For the agreement to be enforceable, both parties should have independent legal counsel, full financial disclosure, and adequate time to review (not signed right before the wedding). North Carolina follows the Uniform Premarital Agreement Act.

Document: Prenuptial Agreement

Update or Create a Will

30-60 days after wedding days after starting

Marriage automatically changes certain inheritance rights in North Carolina. Without a will, your spouse will receive a significant portion of your estate under intestate succession laws. After marriage, create or update your will to reflect your wishes regarding your new spouse and any other beneficiaries. In North Carolina, a valid will must be in writing, signed by you, and witnessed by two competent witnesses who also sign the document.

Document: Updated Will

Create a Healthcare Power of Attorney

30-60 days after wedding days after starting

This document allows your spouse (or another person) to make medical decisions for you if you become incapacitated. In North Carolina, a healthcare power of attorney must be in writing, signed by you, and notarized. It should also be witnessed by two qualified individuals who are not related to you, not your healthcare providers, and not entitled to any portion of your estate.

Document: Healthcare Power of Attorney

Establish a Durable Power of Attorney

30-60 days after wedding days after starting

This document allows your spouse (or another person) to handle financial and legal matters on your behalf if you become incapacitated. In North Carolina, a durable power of attorney must be in writing, signed by you, and notarized. Since January 1, 2018, all powers of attorney in North Carolina must follow the statutory form unless they are specifically for healthcare decisions.

Document: Durable Power of Attorney

Update Beneficiary Designations

30-60 days after wedding days after starting

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. These designations typically override will provisions, so it's important to ensure they reflect your current wishes. Contact each financial institution to request and submit the appropriate beneficiary designation forms.

Document: Beneficiary Designation Forms

Change Your Name (if applicable)

30-90 days after wedding days after starting

If either spouse wishes to change their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. In North Carolina, you can use your marriage certificate as proof for a name change without filing a separate petition with the court. For your Social Security card, visit the local Social Security Administration office with your marriage certificate, photo ID, and completed SS-5 form.

Document: Name Change Application

Establish Joint Bank Accounts (if desired)

30-90 days after wedding days after starting

While not required, many couples choose to establish joint bank accounts after marriage. Visit your preferred financial institution with your spouse, bringing identification documents and your marriage certificate. Both parties will need to sign the application. Consider discussing whether you want to maintain separate accounts in addition to joint accounts.

Document: Joint Bank Account Application

Update Health Insurance Coverage

30-60 days after wedding days after starting

Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan outside of open enrollment periods. In North Carolina, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to obtain and submit the necessary forms.

Document: Health Insurance Coverage Change Form

Update Tax Filing Status

By next tax filing deadline days after starting

Once married, you can file taxes jointly or separately. For most couples, filing jointly offers tax advantages, but this depends on your specific financial situation. If you're married as of December 31, you're considered married for the entire tax year. Consult with a tax professional to determine the best filing status for your situation.

Update Address and Emergency Contact Information

30 days after wedding or moving in together days after starting

Update your address with the postal service, employers, financial institutions, and other important entities if you're moving in together. Also update emergency contact information with your employer, doctor's offices, and other relevant organizations to list your spouse.

Review and Adjust Auto Insurance

30-60 days after wedding days after starting

North Carolina requires all drivers to have liability insurance. After marriage, you may qualify for multi-car or multi-driver discounts by combining policies. Contact your insurance provider to explore options and make any necessary changes to ensure adequate coverage for both spouses and all vehicles.

Frequently Asked Questions

North Carolina law allows individuals who are 16 or 17 years old to marry with parental consent. A parent or legal guardian must accompany the minor to apply for the marriage license. For those under 16, marriage is generally not permitted, though there are limited exceptions for special circumstances that would require court approval.

Yes, North Carolina requires at least two witnesses to be present at your wedding ceremony. These witnesses must observe the ceremony and sign the marriage certificate along with the person who officiates your wedding. Choose reliable individuals who can attend your entire ceremony.

In North Carolina, marriages may be performed by: ordained ministers of any religious denomination, magistrates, judges (including retired judges), or certain authorized officials of federally or state recognized Native American tribes. Ministers must be ordained by their religious organization. If you want a friend to officiate, they would need to become ordained through a recognized religious organization.

North Carolina does not legally require premarital counseling before marriage. However, couples who complete at least 10 hours of premarital counseling from a qualified provider can receive a $60 discount on their marriage license fee. To qualify for this discount, you must present a certificate of completion from your counselor when applying for your marriage license.

North Carolina is not a community property state but follows equitable distribution laws. Property acquired during marriage is generally considered marital property subject to equitable distribution in case of divorce. Property owned before marriage typically remains separate property. If you want specific arrangements regarding property, consider creating a prenuptial agreement before marriage to clearly define property rights.

Name changes are optional in North Carolina after marriage. If you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, DMV, and other institutions. You'll need to update your Social Security card first, then your driver's license, and then other documents and accounts. Neither spouse is legally required to change their name.

North Carolina does not recognize common law marriages established within the state. Regardless of how long you live together or present yourselves as married, you must have a formal marriage ceremony after obtaining a valid marriage license to be legally married in North Carolina. However, North Carolina will recognize common law marriages that were legally established in states that do recognize them.

Yes, prenuptial agreements (prenups) are legally recognized in North Carolina under the Uniform Premarital Agreement Act. To be valid, a prenup must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. It's recommended that each party have their own attorney review the agreement. The prenup must be signed before the marriage takes place, and it cannot contain provisions that would be against public policy.

Getting Married in North Carolina: Legal Requirements and Process | DocDraft