North Dakota Marriage Laws

N.D. Cent. Code § 14-03-02. Lawful age for marriage.

Any unmarried person of the age of eighteen years or more, and not otherwise disqualified, is capable of consenting to and consummating a marriage. If a person is sixteen to eighteen years of age, a marriage license may not be issued without the consent of the parents or guardian, if there are any. A marriage license may not be issued to any person below the age of sixteen, notwithstanding the consent of the parents or guardian of said person.

N.D. Cent. Code § 14-03-03. Void marriages.

The following marriages are incestuous and void:

1. Marriage between parents and children, including grandparents and grandchildren of every degree.

2. Marriage between brothers and sisters of the half as well as the whole blood.

3. Marriage between uncles and nieces of the half as well as the whole blood.

4. Marriage between aunts and nephews of the half as well as the whole blood.

5. Marriage between first cousins of the half as well as the whole blood.

This section applies to illegitimate as well as legitimate children and relatives.

N.D. Cent. Code § 14-03-17. Application for license.

1. When application is made to a recorder, unless the board of county commissioners designates a different official, for a marriage license, the recorder, or designated official, shall inquire of the applicant concerning the legality of the contemplated marriage. The recorder, or designated official, may examine other witnesses. The facts concerning the legality of the marriage may be submitted to the recorder, or designated official, by affidavit. The recorder, or designated official, also shall require each applicant to submit the following facts upon blanks provided by the county, together with documentary evidence of age:

a. An affidavit by each of the applicants showing that each is over the age of eighteen years. In addition, each applicant shall exhibit to the recorder, or designated official, a birth certificate or other satisfactory evidence of age. If either applicant is under the age of eighteen years, the recorder, or designated official, shall require the written consent of:

(1) Either parent of the minor applicant, if the parents are living together;

(2) The parent having the legal custody of the minor applicant, if the parents are not living together;

(3) The surviving parent, if one of the parents of the minor applicant is deceased; or

(4) The guardian, or person under whose care and government the minor applicant is, if both parents of the minor applicant are deceased, or if a person other than a parent has legal and actual custody of the minor applicant.

b. An affidavit showing whether either or both of the parties have been divorced. If a decree of divorce has been granted to either or both of the parties, a certified copy of the decree must be filed with the application. A license shall not be issued if it contravenes any provisions of the divorce decree.

2. All affidavits must be subscribed and sworn to before a person authorized to administer oaths. The recorder, or designated official, shall retain on file all papers and records pertaining to all marriage licenses. Anyone knowingly swearing falsely to the statements contained in any affidavit mentioned in this section is subject to the penalty provided in section 14-03-28.

3. Each application for a marriage license must also contain a statement regarding surname options which is consistent with section 14-03-20.1.

4. Each application for a marriage license must contain the social security number of each applicant.

N.D. Cent. Code § 14-03-10. Marriage may not be solemnized without license.

A person may not solemnize any marriage until the parties to the marriage produce a license regularly issued not more than sixty days before the date of the marriage by:

1. A recorder serving the county in which either of the contracting parties resides or is temporarily domiciled, unless the board of county commissioners designates a

different official;

2. A recorder serving the county in which a parent of either of the parties resides or is temporarily domiciled, unless the board of county commissioners designates a different official; or

3. A recorder serving the county in which the marriage is to be solemnized, unless the board of county commissioners designates a different official.

For the purpose of obtaining a marriage license, a member of the armed forces of the United States stationed within the state of North Dakota is deemed to reside in the county in which that person is stationed.

N.D. Cent. Code § 14-03-22. Marriage license fee – Supplemental fee – Fee for marriage ceremony – Duties of officers.

1. For the issuance and filing of a marriage license, the recorder, unless the board of county commissioners designates a different official, shall collect a fee of up to thirty dollars from the party applying for the license.

2. In addition to the license fee provided for in subsection 1, the recorder, or designated official, shall collect from the applicant a supplemental fee of thirty-five dollars for aid to victims of domestic violence through the domestic violence prevention fund in accordance with chapter 14-07.1.

3. For performing a marriage ceremony during regular courthouse hours, the recorder, or designated official, shall collect a fee of thirty dollars which is to be retained by the county. If the marriage ceremony is performed at a time other than during regular courthouse hours, the recorder, or designated official, may collect and retain a fee in an amount to be determined by the recorder, or designated official.

4. Except as provided in this section, all collected fees must be deposited monthly with the county treasurer. The county treasurer shall forward the amount represented by supplemental fees to the state treasurer by the fifteenth of each month for crediting to the domestic violence prevention fund.

5. The recorder, or designated official, shall prepare a copy of the license and certificate and transmit them to the registrar of vital statistics who shall record them in a book of records kept in the registrar's office for that purpose. The registrar shall index the records and upon request shall issue certified copies of the recorded license and certificate for a one dollar fee. The registrar shall keep an accurate account of these fees and shall turn them over to the state treasurer by the fifteenth of each month for crediting to the general fund.

N.D. Cent. Code § 14-03-10. Marriage may not be solemnized without license.

A person may not solemnize any marriage until the parties to the marriage produce a

license regularly issued not more than sixty days before the date of the marriage by:

1. A recorder serving the county in which either of the contracting parties resides or is

temporarily domiciled, unless the board of county commissioners designates a

different official;

2. A recorder serving the county in which a parent of either of the parties resides or is

temporarily domiciled, unless the board of county commissioners designates a different official; or

3. A recorder serving the county in which the marriage is to be solemnized, unless the

board of county commissioners designates a different official.

For the purpose of obtaining a marriage license, a member of the armed forces of the United States stationed within the state of North Dakota is deemed to reside in the county in which that person is stationed.

N.D. Cent. Code § 14-03-21. Return of license and certificate – Duplicate delivered to persons married – Records kept – Penalty.

When a person authorized by law solemnizes a marriage, that person shall fill out and sign the certificate following the license in duplicate, giving the person's official title, or if a minister of the gospel or priest, the ecclesiastical body with which the minister or priest is connected. The original copy of the certificate and license must be returned to the official who issued the license within five days after the date of the solemnization of the marriage and the duplicate copy must be immediately delivered to the persons married. The official shall file the original copy and retain it as an official record. Any person who willfully neglects to make such return within the time required is subject to the penalty provided in section 14-03-28.

N.D. Cent. Code § 14-03-09. Who may solemnize marriages.

Marriages may be solemnized at any location within the state by:

1. All judges of courts of record;

2. Municipal judges;

3. Recorders, unless the board of county commissioners designates a different official;

4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized

denominations; and

5. By any individual authorized by the rituals and practices of any religious persuasion

N.D. Cent. Code § 14-03-20. License and certificate.

The marriage license and certificate of the person solemnizing the marriage must be upon one blank form in duplicate consisting of two pages with a perforated seam to make it readily detachable. The form must be substantially as follows:

MARRIAGE LICENSE

State of North Dakota )

) ss.

County of _________ )

To any person authorized by law to perform the marriage ceremony: You may join in marriage __________ of ___________, aged _____ who has ______ been divorced, and ___________ of __________, aged _____ who has ______ been divorced. You shall return this license and your certificate to my office within five days.

Dated _________, ______.

(Seal)

Recorder/Designated Official

CERTIFICATE OF MARRIAGE

I certify that the persons named in the foregoing license, _________ and

_________, whose names after marriage are ___________ and __________, respectively, were joined in marriage by me at ___________, county of __________, State of North Dakota, on __________, _____.

In the presence of

___________________________ ) ___________________________

___________________________ ) ___________________________

Witnesses

Every marriage license must contain the full name of each party before the marriage. Every certificate of marriage must contain the full name of each party before and after the marriage and be signed by two witnesses to the marriage in addition to the signature of the person who solemnized the marriage.