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Common-Law Marriage in North Carolina | Caulder & Valentine Law Firm, PLLC

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In order to get a marriage license in North Carolina you must meet the following requirements: Both parties must be at least 18 years old or at least 16 with proof of consent of both parents ; and Parties under 16, but at least 14, may marry with a court order. The application for the marriage license must include the following: Name, address, sex, date of birth; Any previous marriage information i.

Common-law marriage in the United States

Social Security card, W2 form, tax return, bank statement, or pay stub ; Name and address of parents or guardians if applicable ; and Whether the applicants are related to each other if related, the relationship must be disclosed. Certain marriages are prohibited in North Carolina , including: One or more parties is underage or lacks necessary authorization from parents or court ; One or more parties has a previously undissolved marriage bigamy ; and Parties are double first cousins or nearer in kin than first cousins. As in other states, those wishing to marry in North Carolina must meet minimum age requirements : 18, without parental consent; 16 - 17, with parental consent unless parties under 18 are emancipated ; or 14 - 16, with court order typically only under extraordinary circumstances.

Marriages in North Carolina are solemnified in one of two general ways: By an ordained minister of any religious denomination , a minister authorized by a church , or a magistrate i.

While common law marriage may seem like an attractive alternative as one need not meet any government licensing requirements , court interaction is very likely unavoidable when seeking a divorce. There are many more complexities involved in parting than in the initial union.

States That Recognize Common Law Marriage

For example, states that recognize common law marriage often do not recognize common law divorce. One is expected to go through the same divorce process as traditionally married couples. If North Carolina residents are the parties to a common law marriage established in another state, the couple must divorce before either party can remarry. If you live in North Carolina and established a common law marriage in another state that you now wish to dissolve, contact a North Carolina family law attorney for clarification and assistance.

The North Carolina family law attorneys at Montgomery Family Law have extensive experience with common law marriage in North Carolina and are here to help you find your way through a difficult time in your life. Thank you so much for sharing NCPedia. I believe you can just use the URL for the page to post it to Facebook.

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Please allow one business day for replies from NCpedia. Skip to main content. Marriage by Jo White Linn, Law and legal history. UNC Press. Linn, Jo White. Comments very interesting article.

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