Charlotte Divorce Lawyer Blog
Is Common Law Marriage Legal in North Carolina?
Marriage is less common than it used to be. Today, many more couples decide to live together without getting married. Some people live together as a trial before they wed, while others simply choose to cohabitate. Couples who live together generally do not have any of the benefits of marriage. However, in some states, if you live together as a couple long enough, you will automatically have a common law marriage. Not all states recognize common law marriage.
What is Common Law Marriage?
Common law marriage is a concept that dates back centuries. When two people lived together as husband and wife but were not officially married, their union would be recognized as marriage after a period of time. Common law marriages provide the same benefits as traditional marriages do. Although common law marriages were recognized by states many years ago, most states no longer recognize them. Common law marriage is sometimes called non-ceremonial marriage.
Which States Recognize Common Law Marriage?
North Carolina does not recognize common law marriage, but there are a handful of states that do. Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah have some type of common law marriage. States have specific restrictions and requirements in order to recognize common law marriage. Some states, such as New Hampshire, recognize common law marriages only for the purposes of inheritance. Generally, a couple must both agree that they are in a committed relationship.
Recognition of Common Law Marriage
Although North Carolina does not allow for common law marriage, it does honor the laws of other states. If a couple from a state that allows common law marriage moves to North Carolina, they are still married. However, in order to have the marriage legally recognized in North Carolina, the couple must register their union in the county where they live. In order to do that, they must obtain a marriage license and go through the formal process. Therefore, for a couple to be legally married in North Carolina, they must follow the laws of North Carolina.
How to Get Married in North Carolina
Couples who wish to get married in North Carolina must first obtain a marriage license. Both parties must be at least 18 years of age or meet specific requirements for minors. The parties must both intend to marry and cannot be currently married to anyone else. There is no requirement for a medical examination to obtain a marriage license. There is no waiting period after receiving a marriage license; however, a license expires after 60 days. A magistrate may officiate the wedding, or a minister ordained and authorized by the church may perform the ceremony. A member of any religious denomination may perform the ceremony as long as he or she is recognized to do so.
Common Law Marriage and Divorce
Since common law marriage is not recognized in North Carolina, there is no option to divorce in that situation. Couples who break up after cohabitation are not afforded the same laws that pertain to married couples who end their marriages. Couples would treat the end of their relationship the same as any other couple and generally need to resolve their division of assets outside of the court system. In some cases, a couple may need to seek legal recourse for situations where they have a legal contract.
If you have questions about marriage and divorce, we are here to help answer them. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/marriage
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https://www.freeimages.com/photo/be-with-me-2-1309374
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