Keith Mack
In the United States, common-law marriage is a way for couples to be recognized as married without obtaining a marriage license or holding a marriage ceremony. While a small number of states continue to recognize common-law marriage, North Carolina is not one of them. In North Carolina, cohabitation is a legal status referring to two adults in a domestic arrangement, but it does not create a legal marriage. However, if a couple enters into a valid common-law marriage in another state and then moves to North Carolina, their marriage may still be recognized by the state.
| Characteristics | Values |
|---|---|
| Does North Carolina recognize common law marriage? | No |
| What is required for a legal marriage in North Carolina? | A marriage license and a ceremony officiated by a licensed official |
| What if a couple is common-law married in another state and moves to North Carolina? | North Carolina will recognize the marriage |
| What if a couple separates in North Carolina but was never legally married? | They must still go through the formal divorce process |
| Does cohabitation grant couples the same rights as married couples? | No |
| Does common law marriage have anything to do with the length of time a couple is together? | No |
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What You'll Learn
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. This official can be a magistrate, a minister, any other church official, or anyone else who is legally ordained in North Carolina. It is important to note that judges cannot perform marriages in North Carolina. Your ceremony does not have to be large for it to count; it simply must be performed by a registered official and witnessed.
In some states, couples can be recognized as husband and wife without getting a proper marriage license. This is referred to as a common-law marriage. Common-law marriage grants couples most of the same rights as other married couples, but it is only recognized in some states. The specific requirements vary from state to state, but the fundamental concept is that the parties agree to be married, and they tell their friends, family, and the public that they are married.
There is a misconception that if you live together for a certain period of time, you are common-law married. However, there is usually a requirement for a couple to present themselves as married to the public. If a couple is common-law married in a state that recognizes common-law marriage and subsequently relocates to North Carolina, the full faith and credit clause of the U.S. Constitution requires North Carolina to recognize the marriage.
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Common-law marriage recognition in other states
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is still recognized in some US states. The fundamental concept is that the parties agree to be married and publicly present themselves as a married couple. However, the specific requirements vary from state to state.
States Recognizing Common-Law Marriage
As of 2022, common-law marriage is recognized in only seven US states and the District of Columbia, with some provisions also existing in military law. These states are:
- Colorado
- Texas
- California
Additionally, two other states recognize domestic common-law marriage for limited purposes after the fact.
States with Ambiguous Recognition
Utah's recognition of common-law marriage is ambiguous. While government websites deny its existence, other legal websites suggest that "non-matrimonial relationships" may be recognized as marriages within a year of ending. Utah will only recognize such relationships if they are validated by a court or administrative order.
States That Do Not Recognize Common-Law Marriage
North Carolina does not recognize common-law marriage. However, if a couple is legally considered common-law married in a state that does recognize it and then moves to North Carolina, the state must recognize their marriage due to the full faith and credit clause of the US Constitution.
Nationwide Trend
Over the years, most states have stopped allowing common-law marriages through laws or court decisions. The nationwide trend has been the abolition of what is increasingly considered an outdated doctrine. Many states that previously recognized common-law marriage now only acknowledge those established before a specific cut-off date.
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Requirements for a legal marriage in North Carolina
North Carolina does not recognize common-law marriages. However, if a couple is common-law married in a state that recognizes such marriages and then moves to North Carolina, the state will recognize the marriage. In such cases, the couple must have cohabited in the state where they were married by common law, and that state must have recognized the marriage.
For a legal marriage in North Carolina, couples must obtain a marriage license before the wedding. Both parties must be present in person to apply for the license, and they must pay a fee of $60. They will need to provide a valid government-issued ID and proof of their social security number. If either applicant has not been issued a social security number, they can complete an affidavit in lieu of a social security number. The wedding ceremony must then take place within 60 days of obtaining the marriage license.
The ceremony must be performed by a registered official and witnessed. The official can be a magistrate, a minister, or any other church official who is legally ordained in North Carolina. Judges cannot perform marriages in North Carolina.
To be legally married in North Carolina, both parties must consent to the union, be at least 18 years old, and not be married to anyone else. They cannot be more closely related than first cousins and must be able to understand their actions.
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Divorce for common-law married couples in North Carolina
Divorce for common-law-married couples in North Carolina
North Carolina does not recognize common-law marriages. However, if a couple is common-law married in a state that does recognize such marriages and then moves to North Carolina, the state must recognize the marriage. In such cases, common-law married couples seeking a divorce in North Carolina must go through the same legal process as couples with a marriage license.
Requirements for a legal divorce in North Carolina
To be considered legally separated in North Carolina, couples must live in different homes, and at least one of them must intend for the separation to be permanent. After physically separating, couples must wait at least one year before they can get divorced.
Property division
Assets and debts acquired during the marriage are generally classified as "marital property" and are subject to division during divorce proceedings. Inheritances and gifts received by either party during the marriage are exempt from this classification. Property obtained between separation and divorce is considered "divisible property" and may be divided between the parties depending on the circumstances.
Alimony
During divorce proceedings, either party may file a complaint requesting alimony. North Carolina law does not provide guidelines or formulas to determine the amount or duration of alimony. These decisions are left to the judge, who considers factors such as the incomes and earning capacities of both parties, their ages, education, health, length of marriage, property, contributions during the marriage, and marital misconduct. Alimony typically ends if the dependent spouse remarries, moves in with a new partner, or if one of the parties dies.
Child custody and child support
Divorcing couples with children will need to make arrangements for child custody and child support. The best interests of the child are the primary consideration in determining custody. Child support payments are typically calculated based on a percentage of the non-custodial parent's income and the number of children.
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Benefits of common-law marriage
Common-law marriage, or non-ceremonial marriage, is a legal framework that recognises couples who live together for an extended period as legally married, even without a formal ceremony or marriage license. While not all states recognise common-law marriage, those that do grant couples the same rights and responsibilities as those who are formally wedded.
The primary advantage of common-law marriage is that couples can enjoy the benefits of marriage without having to go through the formal procedures. This includes tax benefits, such as exemptions from gift taxes and deductions for mortgage interest. Additionally, common-law spouses can inherit each other's property with a valid will, and they can designate each other as the person to make medical decisions in the event that one spouse becomes incapable. Furthermore, common-law marriages are recognised across the United States as valid, including same-sex marriages, thanks to the Respect for Marriage Act passed in 2022.
Another benefit of common-law marriage is that it provides a way for couples to be recognised as married without the need for a formal ceremony or license. This can be especially useful for couples who live together, share finances, and have children together but do not want to go through the legal process of obtaining a marriage license.
In the case of divorce, common-law married couples have the same rights as couples with a marriage license, including issues of property division, alimony, child support, and child custody. However, it is important to note that common-law marriages can present challenges, especially if one partner denies the existence of the marriage or dies without a will. Therefore, couples considering common-law marriage should be aware of the legal implications and take steps to protect their rights within the relationship.
While North Carolina does not generally recognise common-law marriages, it will acknowledge such marriages established in other states that recognise common-law marriage. In such cases, North Carolina requires proof of cohabitation in the state where the common-law marriage was recognised and validation of the marriage by the respective state.
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Frequently asked questions
No, North Carolina does not recognize common-law marriage. Simply living together as a couple, regardless of the length of time, 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 official. The official can be a magistrate, a minister, any other church official, or anyone else who is legally ordained in North Carolina.
If a couple has a valid common-law marriage in a state that recognizes it and then moves to North Carolina, their marriage may still be recognized by the state. The full faith and credit clause of the U.S. Constitution requires North Carolina to recognize the marriage.
If a couple lives together and has children but is not married, they will still have to make arrangements and be subject to any applicable laws concerning child custody and child support. Unmarried couples in North Carolina do not have the same legal rights as married couples.
Common-law marriage is when a couple is considered married without obtaining a marriage license or having a marriage ceremony. The fundamental concept is that the parties agree to be married and present themselves as such to their friends, family, and the public.
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