Anaya Nolan
In the United States, common-law marriage is a way for two people to be considered legally married without obtaining a marriage license or having a marriage ceremony. While common-law marriage is not recognized in North Carolina, the state will acknowledge a common-law marriage that was established in another state. In this paragraph, we will explore the topic of common-law marriage in North Carolina, including the requirements for a valid common-law marriage and how it is viewed in the context of divorce and legal separation.
| Characteristics | Values |
|---|---|
| Does North Carolina recognize common law marriage? | No |
| What is required for a legal marriage in North Carolina? | Marriage license, ceremony officiated by a licensed officiant, and witnesses |
| What if a couple is common-law married in a state that recognizes it and then moves to North Carolina? | North Carolina will recognize the marriage |
| Can a couple get a common-law divorce in North Carolina? | No, a common-law married couple must go through the same legal divorce process as a couple with a marriage license |
| What are some misconceptions about common-law marriage? | That living together for a certain period of time, like seven years, constitutes a common-law marriage |
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What You'll Learn
Common-law marriage requirements vary by state
In the United 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 only survives in a handful of states and the District of Columbia. The specific requirements for a common-law marriage to be recognised vary from state to state.
In some states, there is a requirement for a couple to present themselves as married to the public. For example, in Kansas, both parties must have a marriage agreement. Additionally, under the Constitution's full faith and credit clause, if a couple is considered married under common law in a state where it is valid, they will be considered legally married in other states, even if those states do not typically recognise common-law marriage.
However, it is important to note that the majority of couples in the U.S. get married by obtaining a marriage license and having a civil or religious wedding ceremony. States like North Carolina do not recognise common-law marriage, and couples who wish to marry must go through the official process of obtaining a marriage license and meeting all necessary requirements.
Furthermore, there is a common misconception that living together for a certain period, such as seven years, establishes a common-law marriage. This is not the case, as common-law marriage is not based on the length of a relationship but rather on meeting the specific requirements of the state in which the marriage is contracted.
Therefore, while common-law marriage requirements vary by state, it is essential to understand the specific laws and requirements of each state to determine whether a common-law marriage is recognised.
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Common-law marriage in North Carolina
Common-law marriage is not recognized in North Carolina. Couples in North Carolina who wish to marry must obtain a marriage license and meet all other legal requirements. Simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
However, if a couple is recognized as common-law married in a state that allows it and then relocates to North Carolina, the state will recognize the union. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires North Carolina to recognize such marriages.
To be considered a common-law marriage, the couple must meet certain requirements, which vary by state. These typically include the couple presenting themselves as married to the public and agreeing to be married. Some states, such as Texas, also require the couple to file a legal "Declaration of Informal Marriage" and meet a certain age requirement.
It is important to note that there is no such thing as a "common-law divorce" in the United States. If a couple married through common law wishes to divorce, they must go through the same legal divorce process as couples with a marriage license.
While North Carolina does not recognize common-law marriage, cohabitating couples may still have legal rights and obligations related to property, debt, and other issues. It is recommended that these couples consider creating a cohabitation agreement to outline these rights and obligations.
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How to get a marriage license in North Carolina
In North Carolina, there is no such thing as common law marriage. Couples who wish to be legally married in the state must obtain a marriage license and have a ceremony officiated by a licensed officiant. Here is a step-by-step guide on how to obtain a marriage license in North Carolina:
Step 1: Visit a Register of Deeds Office
Both you and your partner must appear in person at a North Carolina Register of Deeds office. These offices are located in every county across the state. No appointment is necessary, and you can simply walk in during their operating hours.
Step 2: Provide Required Documents and Pay the Fee
Each person must present a valid government-issued ID, such as a driver's license or passport, and provide proof of your social security number. There may be a fee for obtaining the marriage license, typically around $60.
Step 3: Complete the Marriage License Application
You will need to fill out a marriage license application form. This can often be done online ahead of time or on-site using one of their computers. The application will require basic information such as your full name, date of birth, current address, and information about your parents, including their full names and birthplaces.
Step 4: Waiting Period
After submitting your application, there is a mandatory 24-hour waiting period before you can get married. Your marriage license will be valid for 60 days, and you must have your wedding ceremony within this timeframe.
Step 5: The Wedding Ceremony
Once the waiting period has passed, you can get married anywhere within the state of North Carolina. Your wedding ceremony must be conducted by a recognized officiant, such as a magistrate or an ordained minister. At least two witnesses must be present at the ceremony to sign the marriage license.
It's important to note that both parties must intend to marry, be at least 18 years old (with some exceptions for minors), and not be currently married to anyone else. Additionally, the couple cannot be more closely related than first cousins.
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Common misconceptions about common-law marriage
There are several misconceptions about common-law marriage. Firstly, many people believe that if a couple lives together for a certain period of time, they are automatically considered married under common law. This is not true; simply cohabiting does not constitute a common-law marriage. While the requirements for common-law marriage vary from state to state, the two essential elements are cohabitation and "holding out". "Holding out" means publicly presenting as a married couple, such as by sharing a last name or filing joint tax returns.
Another misconception is that common-law marriage is recognised in all states. In fact, common-law marriage is only recognised in a small number of states, including Kansas, Texas, the District of Columbia, Montana, and Utah. These states may have their own specific requirements for common-law marriage, which are not always clear. For example, in Kansas, both parties must have a marriage agreement and present themselves as married in public.
A third misconception is that common-law marriage is an informal process. While common-law marriage does not require a marriage license or a ceremony officiated by a licensed officiant, it is still a legal marriage that grants the couple the same rights as a "regular" marriage. This includes the right to a legal divorce, which must be obtained even in states that do not recognise common-law marriage.
Finally, there is a misconception that common-law marriage is an outdated doctrine that is no longer relevant. While it is true that many states have abolished common-law marriage, it is still recognised in some states and can have important legal implications for couples who meet the requirements.
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Common-law marriage and divorce
In the United 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 only recognised in seven states and the District of Columbia, along with some provisions of military law. Common-law marriage allows couples to be considered legally married without obtaining a marriage license or having a civil or religious ceremony. While the specific requirements vary by state, the general criteria for a common-law marriage include the couple's intention to be married and their public presentation as a married couple.
North Carolina is not one of the states that recognise common-law marriage. Couples in North Carolina who wish to be legally married must obtain a marriage license from the state and meet all the necessary requirements. Simply living together as a couple, regardless of the duration, does not establish a common-law marriage in North Carolina. However, cohabitating couples in North Carolina may still have legal rights and obligations related to property, debt, and other issues, and it is recommended that they consider creating a cohabitation agreement.
While North Carolina does not recognise common-law marriage within the state, it will acknowledge common-law marriages established in other states. If a couple is considered legally married under common-law in a state that recognises it and subsequently relocates to North Carolina, the state will recognise their marriage. This is based on the full faith and credit clause of the U.S. Constitution, which requires North Carolina to honour marriages that are valid in other states, even if the specific form of marriage is not recognised within North Carolina itself.
It is important to note that common-law divorce does not exist in the United States. While some states may have specific requirements or procedures for dissolving a common-law marriage, the process of ending such a marriage is generally the same as for any other legally recognised marriage. This typically involves filing for divorce and following the legal procedures for divorce in the relevant state.
Additionally, there are some misconceptions about common-law marriage. One common misconception is that living together for a certain period, such as seven years, automatically establishes a common-law marriage. However, the length of time a couple lives together is not the determining factor. Instead, it is the combination of the couple's intention to be married and their public representation as a married couple that forms the basis of a common-law marriage.
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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 when two individuals cohabitate as a couple and present themselves as husband and wife to the public, without obtaining a marriage license or holding a marriage ceremony.
The following states currently recognize common-law marriage: Kansas, Texas, the District of Columbia, Montana, and Utah.
Yes, if a couple is common-law married in a state that recognizes it and then moves to a state that doesn't, the new state will still recognize the marriage. This is due to the Full Faith and Credit Clause of the U.S. Constitution.
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