Cecily Zamora
In the United States, common law marriage refers to a legally recognized marriage where the couple did not obtain a marriage license or have a ceremony. While some states recognize common law marriages, North Carolina is not one of them. In North Carolina, a valid marriage requires a marriage license and a ceremony officiated by an ordained minister or a magistrate. However, if a couple established a common law marriage in a state that recognizes it, their marriage may still be recognized by North Carolina. Nevertheless, if such a couple separates in North Carolina, they must go through the formal divorce process.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Requirements for marriage | Marriage license, ceremony officiated by a licensed officiant |
| Common law marriage from another state | May be recognized by North Carolina |
| Divorce process for common law marriage | Same as for statutory marriages |
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What You'll Learn
Common law marriage recognition in NC
Common-Law Marriage Recognition in North Carolina
North Carolina does not recognize common-law marriages. Under North Carolina law, a marriage may only be created in the presence of an ordained minister of any religion or a magistrate, and with the declaration by the minister or magistrate that the parties are joined by matrimony. This is outlined in North Carolina General Statutes Chapter 51, which states that to be legally married, couples must obtain a marriage license and have a licensed officiant officiate a marriage ceremony.
Common-law marriage refers to a legally recognized marriage where the couple did not obtain a marriage license or have their marriage solemnized in a civil or religious ceremony. Instead, the couple presents themselves as married through actions such as one spouse taking the other's last name, referring to each other as spouses, or having joint financial accounts. While some states recognize common-law marriages, North Carolina abolished this in 1989.
However, if a couple established a common-law marriage in a state that recognizes such marriages and then moved to North Carolina, their union may still be recognized by the state. In such cases, if the couple separates in North Carolina and decides to divorce, they must go through the formal divorce process. Additionally, they can apply North Carolina laws regarding spousal support and equitable distribution if at least one party meets the six-month jurisdictional requirement.
It is important to note that cohabitation, or couples living together, is a legal status in North Carolina. While this does not create a common-law marriage, couples who are cohabiting may still have legal rights and obligations related to property, debt, and other issues.
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Requirements for marriage in NC
In North Carolina, common law marriage is not recognised. A common law marriage is one in which the couple did not obtain a marriage license or have a ceremony. Instead, they present themselves as married by taking their partner's last name, referring to each other as spouses, or having joint accounts.
To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony. This ceremony must be officiated by a licensed officiant, such as an ordained minister of any religion, a magistrate, or a ceremony recognised by a federally- or state-recognised Native American nation or tribe.
Marriage licenses are issued between 8:00 a.m. and 4:30 p.m., Monday to Friday, excluding county-observed holidays. The fee for the license is $60, payable by cash, check, debit, or credit card. The license is valid for 60 days.
If applicants are 16 or 17 years old, they must have written parental consent and certified copies of their birth certificate. If applicants are 14 or 15, they must present a certified court order signed by a District Court Judge that authorises the marriage. Divorced applicants must provide the month and year of their last divorce, and if it was finalised within 30 days of applying for the new license, they must provide an original or certified copy of the divorce decree.
Couples do not need to be residents of North Carolina to marry in the state, and there is no requirement for a premarital medical examination. However, it is prohibited for individuals who are already married, closely related by blood, or under the age of 14 to marry in North Carolina.
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Common law divorce in NC
Common-Law Marriage in North Carolina
North Carolina does not recognize common-law marriages. Couples who wish to be legally married in the state must obtain a marriage license and have their marriage solemnized by an ordained minister of any religious denomination, by a ceremony recognized by a federally- or state-recognized Native American nation or tribe, or by a magistrate.
Divorce Process in North Carolina
To file for divorce in North Carolina, one spouse must have been living in the state for at least six months before filing. The state refers to divorce as "absolute divorce," and it is a "no-fault state," meaning there is no need to prove that either spouse is at fault for the marriage ending. The only grounds for divorce in North Carolina are incurable insanity of one spouse and living separate and apart for three consecutive years, including at the time the petition is filed.
To be considered legally separated in North Carolina, spouses must live in different homes, and at least one of them must intend for the separation to be permanent. There is no standard form for filing for divorce, and the process can be complicated. It is recommended to consult a lawyer to understand your rights regarding alimony and equitable distribution before filing for divorce.
Common-Law Marriage Divorce
There is no such thing as a common-law divorce in the United States. If a couple has a common-law marriage and wishes to divorce, they must go through the same legal process as a couple with a marriage license. This includes physically separating and waiting at least one year before filing for divorce. During this time, issues of property division, alimony, child support, and child custody may be addressed.
Complications for Common-Law Marriages in North Carolina
If a couple had a common-law marriage in a state that recognizes such marriages and then moved to North Carolina, their marriage may still be recognized by the state. However, if they separate in North Carolina and decide to divorce, they must go through the formal divorce process. A potential complication for these couples is proving that they were married in the first place.
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Recognition of out-of-state common law marriages in NC
North Carolina does not recognize common law marriages. To be legally married in North Carolina, couples must obtain a marriage license and have a licensed officiant officiate a marriage ceremony. Simply living together, regardless of the length of time, does not create a legal marriage under North Carolina law.
However, if a couple entered into a common law marriage in a state that recognizes such marriages and then moved to North Carolina, their common law marriage would be recognized by the state. This is because the Full Faith and Credit Clause of the U.S. Constitution requires states to recognize legal acts under other states' laws, including the creation of a marriage.
For example, if a couple meets the requirements for common law marriage while residing in a state that recognizes it, such as Texas or Montana, and then moves to North Carolina, their marriage would still be considered legal in North Carolina. In this case, North Carolina courts would need to establish the date that the common law marriage began.
It is important to note that in the event of a divorce, a common-law married couple would have to go through the same legal process as a couple with a marriage license. This includes physically separating and waiting at least one year before filing for divorce in North Carolina.
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Legal rights of cohabiting couples in NC
In North Carolina, cohabitation is a legal status that refers to two adults who are in a relationship and are living together in a domestic arrangement. This can include romantic partners, roommates, or family members.
North Carolina does not recognize common-law marriage. Simply living together as a couple, no matter for how long, does not create a legal marriage under North Carolina law. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant.
However, couples who are cohabiting in North Carolina may still have legal rights and obligations related to property, debt, and other issues. For example, if a couple moves to North Carolina after establishing a common-law marriage in a state where it is recognized, their union may still be recognized by the state. However, if they separate in North Carolina, they must go through the formal divorce process.
Cohabiting couples in North Carolina can consider creating a cohabitation agreement, which is a legally binding contract enforceable under North Carolina law. This contract can outline issues like the dispersal of assets and debts, healthcare decisions, and estate planning. It is important to note that cohabitation before marriage is technically still illegal in North Carolina, although the enforceability of this law is doubtful.
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Frequently asked questions
No, North Carolina does not recognize common law marriage. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant.
Common law marriage is a term used for a marriage that is considered to exist by both partners' consent but has not been registered with a state or church. The marriage is implied by the couple living together and presenting themselves as married.
Yes, a few states in the US recognize common law marriage. However, each state has its own specific requirements for establishing a common law marriage.
If a couple establishes a common law marriage in a state that recognizes such marriages and then moves to North Carolina, their marriage may still be recognized by the state. However, if the couple separates in North Carolina, they must go through the formal divorce process.
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