Getting Married in North Dakota: Legal Requirements and Process
Getting married in North Dakota requires obtaining a marriage license from a county recorder's office, which is valid for 60 days with no waiting period after issuance. Both parties must appear in person with valid identification, proof of age, and pay a fee of approximately $65, though requirements may vary slightly by county.
Marriage licenses in North Dakota do not require blood tests or residency requirements, but you must be at least 18 years old (or have parental consent if 16-17). Same-sex marriage is legal throughout North Dakota, and the license must be returned to the county recorder within 90 days after the ceremony.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (NDCC § 14-03-10)
In North Dakota, couples must obtain a marriage license from any county court before getting married. Both parties must appear in person, present valid identification, and pay the required fee. There is no waiting period after receiving the license, but the license expires after 60 days if the marriage is not solemnized.
Age Requirements (NDCC § 14-03-02)
North Dakota 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/guardian consent. Anyone under 16 cannot legally marry in North Dakota.
Marriage Ceremony Requirements (NDCC § 14-03-09)
Marriages in North Dakota must be solemnized by an authorized person such as a judge, magistrate, ordained minister, or priest. The ceremony requires the couple to declare their consent to marry in the presence of the officiant and at least two witnesses who must sign the marriage certificate.
Prohibited Marriages (NDCC § 14-03-03)
North Dakota prohibits marriages between close relatives (including first cousins), marriages where either party is still legally married to someone else (bigamy), and marriages where either party lacks the mental capacity to consent to marriage.
Name Change After Marriage (NDCC § 14-03-20.1)
North Dakota law allows either spouse to change their surname after marriage. The marriage certificate serves as legal documentation for changing names on identification documents, Social Security cards, and other official records.
Regional Variances
Marriage License Requirements in North Dakota
In North Dakota, couples must apply for a marriage license at any county court in the state. There is no waiting period after receiving the license, and the license is valid for 60 days. Both parties must appear in person, provide valid identification, and pay a fee (typically $65). North Dakota does not require blood tests or premarital counseling.
Cass County (including Fargo) may have slightly higher marriage license fees than other counties. Applications are processed through the Recorder's Office rather than the court in some counties.
In Burleigh County (including Bismarck), couples should apply at the Recorder's Office. The county sometimes offers extended hours for marriage license applications during peak wedding seasons.
Grand Forks County requires appointments for marriage license applications, unlike some other counties that accept walk-ins.
For marriages on tribal lands within North Dakota (such as Standing Rock, Spirit Lake, or Turtle Mountain reservations), tribal laws may apply in addition to or instead of state laws. Couples should check with specific tribal authorities about any additional requirements or ceremonies.
Age Requirements
The legal age to marry in North Dakota is 18. Minors who are 16 or 17 may marry with parental/guardian consent. North Dakota prohibits marriages for those under 16 under any circumstances.
Officiants and Ceremony Requirements
North Dakota recognizes marriages performed by judges, retired judges, clergy members, and ministers. The state also allows for self-solemnization (couples can marry themselves) if performed in front of two witnesses.
The City of Fargo offers a civil ceremony option at City Hall with specific scheduling requirements that differ from other municipalities.
Name Change Procedures
North Dakota allows name changes through marriage. The marriage certificate serves as proof for changing names on identification documents. However, the process for updating Social Security cards, driver's licenses, and passports follows federal and state procedures that are uniform across counties.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn North Dakota, couples must apply for a marriage license at any county recorder's office. Both parties must appear in person with valid identification (driver's license, passport, or state ID). The license fee is approximately $65. There is no waiting period in North Dakota, and the license is valid for 60 days after issuance.
Complete Marriage License Application
30-60 days before wedding days after startingFill out the marriage license application form with personal information for both parties, including full legal names, dates of birth, current addresses, and information about previous marriages if applicable. You'll need to provide social security numbers and may need certified copies of divorce decrees if previously married.
Consider a Prenuptial Agreement
90 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In North Dakota, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with an attorney to ensure the agreement meets North Dakota legal requirements and will be enforceable.
Plan for Name Change (if applicable)
Plan before wedding, execute after receiving marriage certificate days after startingIf either spouse plans to change their name after marriage, prepare to update identification and records. In North Dakota, you'll need your certified marriage certificate to change your name on your driver's license, social security card, passport, and other documents. The process begins after the marriage is official.
Update or Create a Will
Within 60 days after wedding days after startingMarriage automatically changes certain inheritance rights in North Dakota. Review and update existing wills or create new ones that reflect your marital status and wishes. Without a will, North Dakota intestacy laws determine how assets are distributed, with a significant portion automatically going to your spouse.
Create Healthcare Power of Attorney
Within 60 days after wedding days after startingThis document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. In North Dakota, healthcare directives must be signed in the presence of two witnesses or a notary public. Your spouse cannot serve as a witness, but they can be your designated agent.
Establish Durable Power of Attorney
Within 60 days after wedding days after startingThis document authorizes your spouse or another trusted individual to handle financial and legal matters if you become unable to do so. In North Dakota, a durable power of attorney remains effective even if you become incapacitated. The document must be signed before a notary public to be valid.
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In North Dakota, beneficiary designations typically override will provisions, so it's important to ensure these forms reflect your current wishes regarding your spouse.
Consider Joint Banking Arrangements
Within 30 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. In North Dakota, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for financial independence, debt liability, and estate planning when making this decision.
Update Health Insurance Coverage
Within 30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to a family plan. In North Dakota, you typically have 30-60 days after marriage to make these changes outside of the regular open enrollment period. Contact your insurance provider or employer's HR department for specific requirements.
Research Tax Implications
Before next tax filing deadline days after startingMarriage affects your tax filing status and potentially your tax liability. Research whether filing jointly or separately is more advantageous for your situation. In North Dakota, you'll need to file state taxes reflecting your federal filing status. Consider consulting with a tax professional to understand all implications.
Update Address and Emergency Contact Information
Within 30 days after wedding or moving days after startingIf moving in together, update your address with the postal service, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information to include your spouse where appropriate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In North Dakota, couples must apply for a marriage license at any county recorder's office. Both parties must appear in person with valid identification (driver's license, passport, or state ID). The license fee is approximately $65. There is no waiting period in North Dakota, and the license is valid for 60 days after issuance. | - | 30-60 days before wedding |
| Complete Marriage License Application | Fill out the marriage license application form with personal information for both parties, including full legal names, dates of birth, current addresses, and information about previous marriages if applicable. You'll need to provide social security numbers and may need certified copies of divorce decrees if previously married. | Marriage License Application | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In North Dakota, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with an attorney to ensure the agreement meets North Dakota legal requirements and will be enforceable. | Prenuptial Agreement | 90 days before wedding |
| Plan for Name Change (if applicable) | If either spouse plans to change their name after marriage, prepare to update identification and records. In North Dakota, you'll need your certified marriage certificate to change your name on your driver's license, social security card, passport, and other documents. The process begins after the marriage is official. | Name Change Application | Plan before wedding, execute after receiving marriage certificate |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in North Dakota. Review and update existing wills or create new ones that reflect your marital status and wishes. Without a will, North Dakota intestacy laws determine how assets are distributed, with a significant portion automatically going to your spouse. | Updated Will | Within 60 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. In North Dakota, healthcare directives must be signed in the presence of two witnesses or a notary public. Your spouse cannot serve as a witness, but they can be your designated agent. | Healthcare Power of Attorney | Within 60 days after wedding |
| Establish Durable Power of Attorney | This document authorizes your spouse or another trusted individual to handle financial and legal matters if you become unable to do so. In North Dakota, a durable power of attorney remains effective even if you become incapacitated. The document must be signed before a notary public to be valid. | Durable Power of Attorney | Within 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In North Dakota, beneficiary designations typically override will provisions, so it's important to ensure these forms reflect your current wishes regarding your spouse. | Beneficiary Designation Forms | Within 30 days after wedding |
| Consider Joint Banking Arrangements | Decide whether to maintain separate accounts or establish joint accounts. In North Dakota, joint accounts provide both spouses with equal access and ownership of the funds. Consider the implications for financial independence, debt liability, and estate planning when making this decision. | Joint Bank Account Application | Within 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to a family plan. In North Dakota, you typically have 30-60 days after marriage to make these changes outside of the regular open enrollment period. Contact your insurance provider or employer's HR department for specific requirements. | Health Insurance Coverage Change Form | Within 30 days after wedding |
| Research Tax Implications | Marriage affects your tax filing status and potentially your tax liability. Research whether filing jointly or separately is more advantageous for your situation. In North Dakota, you'll need to file state taxes reflecting your federal filing status. Consider consulting with a tax professional to understand all implications. | - | Before next tax filing deadline |
| Update Address and Emergency Contact Information | If moving in together, update your address with the postal service, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information to include your spouse where appropriate. | - | Within 30 days after wedding or moving |
Frequently Asked Questions
In North Dakota, both parties must be at least 18 years old (or 16-17 with parental consent). You'll need to apply for a marriage license at any county recorder's office in the state, provide valid identification (driver's license, passport, etc.), and pay a fee (typically $65). There is no waiting period after receiving your license, and it's valid for 60 days. North Dakota does not require blood tests or residency requirements. The marriage must be solemnized by an authorized person such as a judge, magistrate, or ordained minister.
Yes, North Dakota law requires that your marriage ceremony be performed in the presence of at least two witnesses who are at least 18 years old. These witnesses will need to sign your marriage certificate along with the officiant who performs the ceremony.
Yes, you can get married in North Dakota if you've been previously divorced. However, you may need to provide proof of your divorce, such as a certified copy of your divorce decree, when applying for your marriage license. This helps verify that any previous marriages have been legally terminated.
No, North Dakota does not recognize common law marriages established within the state. However, if you established a valid common law marriage in a state that does recognize them, North Dakota will generally recognize that marriage as valid under the principle of comity (respecting the laws of other states).
North Dakota is an 'equitable distribution' state, not a community property state. This means that property acquired during marriage isn't automatically considered jointly owned 50/50. However, marriage does create certain property rights. Without a prenuptial agreement, property acquired during marriage may be subject to equitable distribution in case of divorce. Consider consulting with a family law attorney if you have significant assets or concerns about property rights.
Yes, prenuptial agreements (also called premarital agreements) are legally recognized in North Dakota under the Uniform Premarital Agreement Act. To be valid, the agreement must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. It's strongly recommended that each party have their own attorney review the agreement before signing. The agreement cannot contain provisions that would be considered unconscionable or that violate public policy.
After marriage in North Dakota, you can legally change your last name by using your marriage certificate as proof. You'll need to update your name with the Social Security Administration first, then update your driver's license with the North Dakota Department of Transportation, and finally update other documents and accounts. Neither spouse is legally required to change their name after marriage—it's a personal choice.
Yes, same-sex marriages are legal in North Dakota, as they are throughout the United States following the Supreme Court's decision in Obergefell v. Hodges in 2015. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples in North Dakota.