Can Cherokee Ministers Notarize Wedding Documents?

In North Carolina, a wedding can be performed by a magistrate or by any minister who is ordained in a religious denomination or authorized by a church. Ministers must be issued a recognized officiant credential by the state. The ceremony must take place within North Carolina and be returned to the county of issuance. The officiant is required to be an ordained minister or a North Carolina magistrate.

Who can legally officiate a wedding in Cherokee County, NC?

In Cherokee County, North Carolina, a wedding must be performed by an officiant authorized by the court for it to be legally binding. This can be a civil or religious ceremony.

Civil Ceremony

A civil ceremony can only be performed by a magistrate, who is the only person authorized to do so.

Religious Ceremony

A religious ceremony can be conducted by an ordained minister of a religious denomination or authorized by a church. This includes ministers of the Gospel, Jewish rabbis, and officers authorized to administer oaths in the state. The wedding can also be performed in the recognized manner of any religious denomination that does not use officiants or in the recognized way of any federally or state-recognized Native American tribe.

Other Requirements

Regardless of the type of ceremony, there are a few other requirements that must be met. The ceremony must take place within North Carolina and the marriage license must be returned to the county of issuance. Additionally, there must be two witnesses present at the ceremony who are 18 years of age or older.

What are the requirements to get married in North Carolina?

To get married in North Carolina, there are a number of requirements that must be met. Here is a detailed and direct list of instructions for those wondering what is required to get married in the state of North Carolina:

Age and Consent

• Both applicants must be 18 years of age or older.
• If applicants are under 18, they should contact the Register of Deeds for more information.
• Unmarried people who are over 16 and under 18 may marry with written consent from a legal guardian.
• Under limited circumstances, unmarried people over 14 and under 16 may marry.

Identification

• Applicants must have valid government-issued photo identification, such as a driver's license, ID card, passport, or military ID.
• Applicants must also have an original, unlaminated Social Security card.
• These documents must be legible and not broken, faded, or torn.

Social Security Number

• Applicants must provide proof of their Social Security number.
• This can be done by submitting a W-2 form, payroll stub, or any official document with the Social Security number.
• If an applicant has never been issued a Social Security number and is not eligible to obtain one, they must sign a notarized affidavit stating this.

Previous Marriages

• If either applicant has been married before, they must provide a copy of the divorce decree or death certificate to prove the date of the end of the last marriage.
• The month and year of the final divorce decree must be listed, but copies of the decree are not required.

Birth Information

Both applicants must know their county and state of birth, as well as the state of their parents' birth.

Marriage License

• Applicants must apply for and receive a marriage license from the Register of Deeds office of the county where the marriage will take place.
• The license fee is $60, and only cash is accepted.
• The license is valid for 60 days from issuance and must be returned within 10 days of the ceremony to the county of issuance.
• The ceremony must take place within North Carolina.
• Both applicants must review the license before signing, and by signing, they are making an oath that the information is true and correct to the best of their knowledge.

Officiant

• The officiant must be an ordained minister or a North Carolina magistrate.
• Ministers must have credentials from a Protestant church or a religious denomination and be issued a "recognized officiant" credential.
• A civil ceremony can only be performed by a magistrate.
• A religious ceremony may be conducted by another authorized individual.
• Ministers from the Universal Life Church are not recognized in North Carolina.

Witnesses

• Two witnesses must be present at the ceremony and must be 18 years of age or older.
• The witnesses must sign the marriage license.

Ceremony Location

The marriage ceremony must take place within North Carolina and in the county that issued the marriage license.

Timing

• Marriage licenses are issued Monday through Friday, from 8 am to 4:30 pm, excluding holidays.
• There is no waiting period after receiving the license; couples may be married immediately.
• The marriage ceremony must take place within 60 days of the issuance of the license.

How to get ordained in North Carolina?

How to Get Ordained in North Carolina

According to North Carolina law, there are only two groups who can legally marry someone within the state. The first group is ordained ministers of any religious denomination. This could include ministers or priests at a church, a childhood preacher, or even a friend ordained over the internet. The second option is to have a magistrate judge perform the ceremony, such as a courthouse wedding, which is a great option for those who prefer a secular or non-religious ceremony.

Online ordination

In recent years, it has become increasingly popular for friends and family members to become ordained online, and since North Carolina law allows for it, this is a great option to add a personal touch. There are several websites where one can become an ordained minister quickly and easily, including Get Ordained, Open Ministry, and American Marriage Ministries.

However, it is important to note that once the person who will be officiating the wedding completes the program, they will still need to register their ordination with the state. To do this, they will need to contact their local county clerk and provide the necessary documents, which may vary from county to county, to prove their ordination.

Marriage license

Regardless of who is marrying the couple, all couples must obtain a marriage license from the Register of Deeds of the county in which the marriage will take place. The couple must bring a valid state-issued ID and a copy of both of their Social Security cards. The cost of the license is $60 in all North Carolina counties. Marriage licenses are valid for 60 days, and there is no mandatory waiting period; the license is valid immediately after being issued.

After the marriage, the person performing the marriage is required to provide the newlyweds with a marriage certificate. The marriage certificate must be signed by the person performing the marriage, two witnesses, and returned to the Register of Deeds in the same county that the marriage license was issued.

Online ordination legality

It is important to note that online ordination is not considered legal in North Carolina. According to a legal opinion by a Professor of Law at the University of North Carolina School of Government, "North Carolina law actually strongly indicates that marriages performed by persons with no credential of ordination other than a certificate from the Universal Life Church are invalid."

Legal experts in North Carolina agree that marriages performed by any online institution would be considered invalid. "If an institution is similar to the Universal Life Church, then a court would treat any marriage performed by one of their 'ministers' as voidable as well." Thus, the safest thing to do is to find a professional wedding officiant who is fully and legally ordained by a real church or religious denomination.

What documents are needed to apply for a marriage license in Cherokee County, NC?

To apply for a marriage license in Cherokee County, NC, both applicants must be 18 years of age or older. If applicants are under 18 or are not legal residents of the U.S., they should contact the Register of Deeds for more information: 828-837-2613.

Both applicants must have valid government-issued photo identification, such as a driver's license, state-issued ID card, passport, military identification, or another form of valid picture ID. The name on the proof of social security must match the name on the ID exactly.

Additionally, applicants must present their original Social Security card or some other documentation that confirms their Social Security number (e.g., a W-2 form, income tax record, or payroll check stub). If an applicant is a resident alien who does not have a Social Security number, they must present their visa, resident alien card, or a statement from the Social Security Office that they do not qualify for a Social Security number.

If either applicant has been previously married, they must provide a copy of the divorce decree or death certificate to prove the date the last marriage ended. If the divorce was finalised within the last 30 to 60 days of applying for the marriage license, the original or a certified copy of the decree is required.

Both applicants will need to know their county and state of birth, as well as the state of their parents' birth.

The marriage license fee is $60 and is payable in cash. $30 of the collected fees are contributed to a state fund for domestic violence.

Both applicants must review the license before signing. Once signed, the applicants are making an oath that all information on the license is true and correct to the best of their knowledge.

The marriage license is valid for 60 days from issuance and must be returned to the Register of Deeds within 10 days of the wedding ceremony. The ceremony must take place within North Carolina and be returned to the county of issuance.

What are the requirements for a prenuptial agreement in North Carolina?

A prenuptial agreement, or prenup, is a contract between two individuals planning to get married. It outlines marital rights and responsibilities, as well as the division of assets and debts upon death or divorce. Here are the requirements for a prenuptial agreement in North Carolina:

In Writing and Signed

The prenuptial agreement must be in writing and signed by both future spouses. It should be prepared and reviewed by independent legal counsel for each spouse.

Fair and Reasonable

The agreement must be fair and reasonable, based on full disclosure by both parties of all assets and liabilities. This transparency is necessary to create a valid prenup and helps establish trust and openness in the marriage.

Executed Before the Marriage

The prenup must be executed before the wedding takes place. Once the couple is married, they can still revise and amend the prenuptial agreement, but any changes must be in writing and signed by both spouses.

Cannot Include Child Custody or Support

While a prenup can cover a range of financial issues, it cannot include any provisions related to child custody or child support. Children have a right to financial support from their parents, and child custody decisions must be made based on the child's best interests at the time of separation or divorce.

Cannot Waive Rights to Alimony

A prenuptial agreement cannot waive either spouse's right to alimony or spousal support in the event of a divorce.

Cannot Incentivize Divorce

The prenup cannot include any provisions that provide a financial or other incentive for divorce.

Cannot Include Non-Financial Stipulations

Prenuptial agreements should focus on financial matters and cannot include non-financial stipulations or specify which spouse is responsible for non-financial personal or household matters.

Cannot Infringe on Children's Rights

The prenup cannot infringe on the rights of the couple's current or future children.

Cannot Extinguish Premarital Debts

A prenuptial agreement cannot extinguish or reduce either spouse's premarital debts.

In summary, a prenuptial agreement in North Carolina must be in writing, signed, fair, and executed before the marriage. It should focus on financial matters and cannot include provisions related to child custody, child support, alimony waivers, divorce incentives, non-financial matters, or infringement on children's rights. Additionally, it cannot be used to extinguish premarital debts.

Frequently asked questions