How to Get Married in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated 2026-05-18
North Dakota runs its marriage-license system on its own family-law code. The waiting-period rule reads as follows: None. The license validity window is: 60 days. On informal marriage, Not recognized if established in North Dakota. This guide details what North Dakota requires from license application through return of the signed license to the clerk after the ceremony.
Key Considerations
Before the wedding logistics begin, two North Dakota legal points need to be settled: license cost and applicant age. $65.00. See the state agency website. If a person is sixteen to eighteen years of age, a marriage license may not be issued without the consent of the parents or guardian, if there are any. A marriage license may not be issued to any person below the age of sixteen, notwithstanding the consent of the parents or guardian of said person. These are statutory questions, not negotiable ones, and the issuing clerk applies them at the counter.
North Dakota treats marriage formation as a two-part question. Can the couple skip the license and the ceremony entirely under a common-law doctrine? Not recognized if established in North Dakota. See the state agency website. If a ceremony is required, who may perform it? Marriages may be solemnized at any location within the state by: 1. All judges of courts of record; 2. Municipal judges; 3. Recorders, unless the board of county commissioners designates a different official; 4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized denominations; and 5. By any individual authorized by the rituals and practices of any religious persuasion. The marriage code answers both.
Two clock-driven rules sit around every North Dakota marriage license. The first is the post-issuance waiting period: None. See the state agency website. The second is the license validity window: 60 days. Together they bracket the legal window during which the ceremony is enforceable.
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Relevant Documents
Marriage-license filings in North Dakota typically include the application form itself, the applicants' photo identification, and a premarital-course completion certificate where the state's discount program applies. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Payment of the marriage-license fee is handled at the counter when the North Dakota application is filed.
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
File the marriage-license application with the North Dakota issuing clerk (county clerk, town clerk, or probate office.
Before the ceremony days after starting$65.00. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests.
Verify identification and any prior-marriage documents at the counter
Before the ceremony days after startingBoth applicants typically present current government photo ID; previously married applicants should bring a certified copy of the divorce decree, annulment order, or death certificate as proof the prior marriage has ended.
Verify how long the license is good for and align the ceremony date inside that window
Before the ceremony days after starting60 days. A late ceremony is not a curable defect; the parties would have to start the application process over.
If a premarital-course discount applies, complete an approved course before applying
Before applying days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing.
Calendar the post-license waiting period (if any) before the ceremony
Before the ceremony days after startingNone. Scheduling the ceremony inside the waiting window will make the marriage unenforceable, so the date must fall on or after the earliest lawful day.
Hold the ceremony with an authorized North Dakota officiant
At the ceremony days after startingMarriages may be solemnized at any location within the state by: 1. All judges of courts of record; 2. Municipal judges; 3. Recorders, unless the board of county commissioners designates a different official; 4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized denominations; and 5. By any individual authorized by the rituals and practices of any religious persuasion. Make sure the officiant is qualified under the state's officiant list before the ceremony; a marriage performed by a person not authorized to solemnize is not a lawful North Dakota marriage.
Return the signed marriage license to the issuing office
After the ceremony days after startingThe officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| File the marriage-license application with the North Dakota issuing clerk (county clerk, town clerk, or probate office. | $65.00. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests. | - | Before the ceremony |
| Verify identification and any prior-marriage documents at the counter | Both applicants typically present current government photo ID; previously married applicants should bring a certified copy of the divorce decree, annulment order, or death certificate as proof the prior marriage has ended. | - | Before the ceremony |
| Verify how long the license is good for and align the ceremony date inside that window | 60 days. A late ceremony is not a curable defect; the parties would have to start the application process over. | - | Before the ceremony |
| If a premarital-course discount applies, complete an approved course before applying | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Bring the original certificate of completion to the application appointment so the clerk can apply the discount or waiver at filing. | - | Before applying |
| Calendar the post-license waiting period (if any) before the ceremony | None. Scheduling the ceremony inside the waiting window will make the marriage unenforceable, so the date must fall on or after the earliest lawful day. | - | Before the ceremony |
| Hold the ceremony with an authorized North Dakota officiant | Marriages may be solemnized at any location within the state by: 1. All judges of courts of record; 2. Municipal judges; 3. Recorders, unless the board of county commissioners designates a different official; 4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized denominations; and 5. By any individual authorized by the rituals and practices of any religious persuasion. Make sure the officiant is qualified under the state's officiant list before the ceremony; a marriage performed by a person not authorized to solemnize is not a lawful North Dakota marriage. | - | At the ceremony |
| Return the signed marriage license to the issuing office | The officiant typically signs the license at the ceremony and returns it to the clerk within the statutory return window; the clerk then records the marriage and issues the certified marriage certificate. | - | After the ceremony |
Frequently Asked Questions
Not recognized if established in North Dakota. Couples concerned about whether their relationship qualifies as a common-law marriage in North Dakota should confirm the current rule against the state marriage code; the law has changed materially in many states between 1990 and 2026.
$65.00. Verify the current charge with the specific North Dakota clerk that will issue the license; some clerks publish the figure online and others quote it only at the counter.
None. Couples planning a North Dakota ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
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