Clerk Of Court: Can They Perform Weddings In North Carolina?

North Carolina is a popular destination for weddings, with its beautiful beaches, historical sites, and mountain views. If you're planning a wedding in the state, it's important to know the legal requirements. In North Carolina, a marriage license must be obtained before the wedding, and the ceremony must be conducted by a recognized officiant for it to be legally binding. But can a clerk of court perform weddings in North Carolina?

Who can perform weddings in North Carolina?

In North Carolina, weddings must be conducted by a recognised officiant for the marriage to be legally binding. This can be a religious or civil ceremony.

Religious Ceremonies

A religious ceremony must be performed by an ordained minister. This can be any minister who is ordained in a religious denomination or authorised by a church. Marriages can also be performed in the recognised manner of any religious denomination that does not use officiants, or in the recognised manner of any federally or state-recognised Native American tribe.

Civil Ceremonies

A civil ceremony is performed by a magistrate. These are available for secular ceremonies and can be performed at a courthouse or court office.

What are the requirements to get married in North Carolina?

To get married in North Carolina, there are a few legal requirements that must be met. Here is a step-by-step guide to help you navigate the process:

Step 1: Find an Ordained Officiant

The person conducting the wedding ceremony must be legally ordained in the state of North Carolina. This can be a professional officiant, a minister, or even a close friend or family member, as long as they are 18 years of age or older and legally ordained.

Step 2: Obtain a Marriage License

Both parties must visit the Register of Deeds Office in any county in North Carolina to apply for a marriage license. Some counties allow online applications to be submitted before visiting the office to save time. Both partners must fill out a form stating their names, ages, marital status, and intention to marry. They must also provide proof of age, such as a government-issued ID or birth certificate, and proof of their Social Security number. If either partner was previously married, they may be required to provide proof of divorce or the date of their previous spouse's death. There is a fee for the marriage license, which is typically $60, and it must be obtained no more than 60 days before the wedding, as it will expire after that period.

Step 3: Find Your Witnesses

In addition to the ordained officiant, two legal witnesses who are 18 years of age or older must be present at the wedding ceremony. These witnesses will also need to sign the marriage license.

Step 4: Express Your Consent

During the wedding ceremony, both parties must clearly express their desire to be married to each other. This can be done in a traditional or creative way, but a clear "I do" or "yes" is necessary to ensure the marriage is consensual.

Step 5: Return the Marriage License

After the ceremony, both copies of the marriage license must be signed by the officiant and both witnesses. The license must then be returned to the Register of Deeds office from which it was obtained within ten days of the ceremony.

It is important to note that marriage is a serious commitment and a legal contract that creates various legal rights and obligations for the couple. Consulting with an attorney who has expertise in family law before getting married is highly recommended to address any relevant legal issues or questions.

What is the process for obtaining a marriage license?

To obtain a marriage license in North Carolina, both parties must meet certain requirements. Both parties must:

• Be at least 18 years old.
• Not be currently married to anyone else.
• Be able to understand their actions.
• Not be more closely related than first cousins (and cannot be double first cousins).

If either party is a minor, additional requirements must be met. Minors aged 16 and 17 may marry a person no more than four years older and must file with the Register of Deeds a written consent to the marriage signed by a parent with sole or joint legal custody, or by a person, agency, or institution that has legal custody of the minor. Under very limited circumstances, unmarried people over 14 years of age and under 16 years of age may marry.

Once these requirements are met, the couple can apply for a marriage license from the Register of Deeds in any county in North Carolina. Both partners must generally visit the Register of Deeds office in person, though some counties allow online applications to be submitted before visiting the office to save time. Applicants must pay a fee (currently $60, but this can change) and fill out a form stating their names, ages, marital status, and intention to marry.

Applicants must provide either a Social Security number or a notarized statement that they are ineligible to receive a Social Security number. The Register of Deeds may also require proof of age, such as a government-issued ID or birth certificate, and proof of divorce if either partner was previously married.

The marriage license must be issued before the wedding and is valid for 60 days. There is no required waiting period between the issuance of the license and the wedding. If the wedding does not occur within 60 days, applicants must apply again.

Can a clerk of court perform weddings in North Carolina?

In North Carolina, a wedding must be conducted by a recognised officiant for it to be legally binding. This can include a clerk of court, otherwise known as a magistrate, or any minister who is ordained in a religious denomination or authorised by a church.

Clerks of court, or magistrates, can perform civil ceremonies. Many counties in North Carolina set aside certain days and times when magistrates are able to perform marriages at a courthouse or other court office. There is usually a fee for this service, and it must be paid in cash. For example, in Forsyth County, the fee is $50. In Wake County, the fee is also $50 and the service is offered on a walk-in basis, Monday to Friday, from 9:30 a.m. to noon and 1:30 p.m. to 4 p.m.

If you are planning to have a clerk of court perform your wedding, you should contact your county's magistrate office for more information.

In addition to having a recognised officiant, there are other requirements for a legal wedding in North Carolina. Both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their actions. Both parties must be at least 18 years old, unless specific requirements for minors are met. The couple must obtain a marriage license before the wedding and return it to the Register of Deeds office within 10 days of the ceremony. At least two witnesses, who must be 18 or older, are required to sign the marriage license.

What are the legal consequences of marriage in North Carolina?

Marriage is a serious commitment and a legal contract in North Carolina. It is governed by state law, which outlines the obligations and rights that arise from the marriage contract. Marriage creates many legal rights and obligations, and it is recommended that people contemplating marriage consult an attorney well in advance of the wedding to address any relevant legal issues.

Property

In North Carolina, property acquired during the marriage is generally considered marital property and will be divided equitably between the spouses in the event of a divorce. Property owned by a spouse before the marriage is considered separate property and remains the respective spouse's separate property. However, using separate property for marital purposes can change its classification to marital property. Property acquired by gift or inheritance after marriage is also considered separate property, but refinancing or changing the deed can unintentionally convert it to marital property.

Financial Obligations

When either spouse has children or a dependent spouse from a previous marriage, obligations for past and future family support can be complex. A premarital agreement should be considered when one party has significantly more assets than the other before the marriage. These agreements can determine property and inheritance rights and change or eliminate spousal support in the event of a divorce.

Inheritance

Spouses automatically have the right to share in each other's estates. If you have children from a previous marriage and want them to inherit specific bequests, you should consider creating or updating your will.

Taxes

Marriage can have tax implications, and it is recommended that you consult a tax professional with any questions.

Children

A child born to a married couple is legitimate, and the husband is presumed to be the child's natural father. If a couple is not married and has a child, the child is considered "born out of wedlock" and is not entitled to the same protections as legitimate children. If the parents of an out-of-wedlock child later marry, the child becomes legitimate, and the parents can obtain a new birth certificate.

Name Change

Traditionally, wives assume the husband's last name, but this is not a legal requirement in North Carolina. The wife can assume the husband's name without a formal legal proceeding, and the husband can assume the wife's last name or combine or hyphenate their last names. A more formal, court-ordered process should be considered in the latter two instances.

Frequently asked questions