North Carolina marriage laws require couples to get a $60 license from any county Register of Deeds before the ceremony, set the minimum marriage age at 16 with strict conditions, do not recognize common law marriage, and generally require a full year of separation before an absolute divorce. The license is valid for 60 days, works anywhere in the state, and carries no waiting period, no blood test, and no residency requirement.
Who Can Legally Marry
If you are 18 or older, unmarried, and mentally competent, you can marry in North Carolina without any additional approval.1Justia Law. North Carolina Code 51-2 – Capacity to Marry At 16 or 17, you need written consent from a parent with legal custody or from a legal guardian, or authorization from a district court judge who finds you capable of the responsibilities involved and the marriage in your best interest. Your spouse can be no more than four years older than you.2North Carolina General Assembly. North Carolina Code 51-2.1 – Marriages Between Persons Under 18 An emancipated minor 16 or older can marry without parental consent by providing a certificate of emancipation to the Register of Deeds.
Marriage under 16 is prohibited outright. North Carolina raised the floor from 14 to 16 in 2021 and eliminated the former pregnancy exception. That loophole no longer exists.
A marriage is also void if either party is already married, if the parties are closer than first cousins or are double first cousins, or if either party lacks the mental capacity to consent.3Justia Law. North Carolina Code 51-3 – Want of Capacity, Void and Voidable Marriages Following the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, same-sex couples have the same right to marry in North Carolina as opposite-sex couples.
How to Get a Marriage License
You apply at the Register of Deeds office in any North Carolina county. Both parties must appear in person with a government-issued photo ID such as a driver’s license or passport, plus proof of a Social Security number. A Social Security card is preferred; a W-2 or other tax document showing the full number also works.4Forsyth County Government. Apply for a Marriage License If one person cannot attend, some counties accept a notarized affidavit in place of personal appearance for the absent party, along with a copy of that person’s ID and Social Security number.
The license fee is $60, and a certified copy at the time of application is another $10.5Buncombe County. Marriage License Once issued, the license is valid for 60 days and can be used in any North Carolina county, but not outside the state.4Forsyth County Government. Apply for a Marriage License If it expires before the ceremony, you have to apply and pay again. There is no waiting period between issuance and the ceremony, and no blood test or physical exam is required.
Who Can Perform the Ceremony
The marriage must be performed by someone the state authorizes. That list covers ordained ministers of any religious denomination, ministers otherwise authorized by their church, magistrates, and ceremonies conducted according to the practices of a religious denomination or a federally or state-recognized Indian Nation or Tribe.6Justia Law. North Carolina Code 51-1 – Requisites of Marriage, Solemnization
After the ceremony, the officiant has 10 days to return the completed license to the Register of Deeds. An officiant who performs a ceremony without a valid license, uses an expired one, or fails to return it on time faces a $200 penalty and a Class 1 misdemeanor charge.7Justia Law. North Carolina Code 51-7 – Penalty for Solemnizing Without License
Common Law Marriage and Domestic Partnerships
North Carolina does not recognize common law marriage. Living together, no matter how long, does not create a legal marriage in this state without a license and a ceremony.8North Carolina State Bar – Legal Assistance for Military Personnel. For Unmarried Couples A valid common law marriage formed in a state that does recognize them will, however, be honored here.
North Carolina also does not recognize domestic partnerships or civil unions, including those registered in other states. If you rely on legal protections like inheritance rights, healthcare decision-making authority, or spousal privilege, marriage is the only way to secure them under North Carolina law.
Prenuptial Agreements
North Carolina follows the Uniform Premarital Agreement Act. A written agreement signed before the wedding can control how property, debts, and spousal support are handled if the marriage ends, including which assets stay separate and whether either spouse waives future alimony.
A court will refuse to enforce the agreement if the challenger shows they did not sign voluntarily, or that the agreement was unconscionable when signed and the other spouse failed to provide fair financial disclosure. Even a voluntary waiver of spousal support can be overridden if enforcement would leave you eligible for public assistance at the time of separation or divorce.9North Carolina General Assembly. North Carolina Code Chapter 52B – Uniform Premarital Agreement Act Full financial disclosure on both sides and independent counsel for each person are the practical safeguards.
How Marriages End in North Carolina
Absolute Divorce
The standard path is a no-fault absolute divorce based on one year of continuous separation. You and your spouse must live in separate residences for at least 12 consecutive months, at least one of you must have intended the separation to be permanent, and at least one spouse must have been a North Carolina resident for six months before filing.10Justia Law. North Carolina Code 50-6 – Divorce After Separation of One Year Isolated instances of sexual contact during the separation do not reset the clock.
Divorce From Bed and Board
A divorce from bed and board is a fault-based court-ordered separation, not a full dissolution. It does not end the marriage or allow remarriage, but it can affect property rights and alimony. Grounds include abandonment, turning the other spouse out of the home, cruel treatment endangering life, intolerable indignities, excessive alcohol or drug use that makes the other spouse’s life burdensome, and adultery.11North Carolina General Assembly. North Carolina Code 50-7 – Grounds for Divorce From Bed and Board This order matters most when you need immediate legal protection or want to establish fault without waiting out the one-year separation.
Annulment
An annulment treats the marriage as though it never legally existed. Some marriages are void from the start and need no court action, though a court order is still advisable for clarity: bigamous marriages, marriages between parties too closely related, and marriages where either party was under the legal minimum age.3Justia Law. North Carolina Code 51-3 – Want of Capacity, Void and Voidable Marriages Voidable marriages require a court ruling. Grounds include fraud or misrepresentation such as concealing an inability to have children, physical impotence at the time of marriage, and lack of mental capacity to consent.1Justia Law. North Carolina Code 51-2 – Capacity to Marry
Dividing Property in a Divorce
North Carolina divides property through equitable distribution. Courts start from a presumption that marital property should be split equally and can order an unequal split if an equal one would be unfair.12North Carolina General Assembly. North Carolina Code 50-20 – Distribution by Court of Marital and Divisible Property Marital property covers virtually everything either spouse acquired during the marriage regardless of whose name is on the title, including vested and unvested pension and retirement benefits. Separate property, meaning assets owned before marriage or received by gift or inheritance during the marriage, stays with the original owner.
Factors the court weighs include:
- Each spouse’s income, property, and debts
- The length of the marriage and each spouse’s age and health
- Whether a custodial parent needs the family home for the children
- Direct and indirect contributions to acquiring marital property, including homemaking
- Contributions one spouse made to the other’s education or career development
- Tax consequences of dividing specific assets
- Whether either spouse wasted, neglected, or hid marital assets after separation
Military retirement pay is also subject to division. A court can award a share regardless of how long the marriage lasted; the federal 10-year rule under the Uniformed Services Former Spouses’ Protection Act governs only whether the Defense Finance and Accounting Service will pay a former spouse directly.
Alimony and the Role of Fault
A court can order alimony when one spouse is financially dependent on the other and an award is equitable under the circumstances. Amount and duration are discretionary, and support can run for a set period or indefinitely.13North Carolina General Assembly. North Carolina Code 50-16.3A – Alimony The court weighs the length of the marriage, each spouse’s earning capacity and income sources, the standard of living during the marriage, age and physical and emotional health, homemaker contributions, the time needed for the dependent spouse to gain education or training, and the parties’ relative debts and assets.
Marital misconduct carries more weight here than in many other states. If the dependent spouse engaged in illicit sexual behavior during the marriage and before the date of separation, the court cannot award alimony. If only the supporting spouse did, the court must order alimony. When both were involved, the decision is discretionary.13North Carolina General Assembly. North Carolina Code 50-16.3A – Alimony This is one of the few corners of North Carolina family law where fault can decide the outcome rather than just influence it.
Criminal Penalties Tied to Marriage
Bigamy is a felony. Sentences depend on your criminal history under the state’s structured sentencing system, with a minimum as low as three months for a first-time offender and up to 19 months for someone with an extensive record. The law recognizes two exceptions: your prior spouse has been absent and unheard from for seven continuous years, or your prior marriage was dissolved by divorce or declared void by a court.
An officiant who performs a marriage without a valid license or fails to file the paperwork faces a $200 penalty and a Class 1 misdemeanor.7Justia Law. North Carolina Code 51-7 – Penalty for Solemnizing Without License Providing false information on a marriage license application can also lead to fraud charges.
Changing Your Name After Marriage
North Carolina does not require a name change on marriage. If you decide to change yours, you need a certified copy of your marriage license from the Register of Deeds. Wait at least 10 days after the ceremony to give the officiant time to return the completed license. Update your name with the Social Security Administration first, since most other agencies expect matching Social Security records. Then update the DMV, your passport, bank accounts, employer records, and insurance policies.