North Dakota Marriage Records

In North Dakota, marriage records consist of legal documents that confirm the lawful union of two individuals as a married couple. The primary documents that make up a marriage record in North Dakota are the marriage license and the marriage certificate. Marriage records may be obtained through various sources, including government websites, organizations, and third-party public record websites.

A typical North Dakota marriage record contains the following details:

• Full names of both spouses
• Name of the person who officiated the marriage ceremony
• The date on which the marriage took place
• Location of the marriage ceremony
• Full names of the spouses' parents
• Names of witnesses present during the ceremony

The value of marriage records extends beyond basic documents. They are a significant tool in demonstrating claims for certain benefits and streamlining legal proceedings. In particular, married couples may be obligated to furnish a certified copy of their marriage record as evidence of their marital status to access benefits such as pensions, disability benefits, or social security. Additionally, these records may be a requisite in legal proceedings, including adoptions, and may also be necessary for obtaining certain government-issued documents.

What Types of Marriage Records are available in North Dakota

In North Dakota, two main marriage records are available: marriage licenses and marriage certificates.

Marriage license

A North Dakota marriage license is a document granted to qualified individuals who wish to marry in North Dakota. A marriage license indicates that the individual has been granted permission to enter into a legally binding marriage in the state. It is issued in three copies: one original and two duplicates. Eligible couples can get a North Dakota marriage license from any County Recorder. In various counties around the state, the Clerk of the Court also serves as County Recorder, issuing marriage licenses.

Marriage Certificate

A North Dakota marriage certificate is a state-issued document confirming two people's marriage. It verifies that the two people mentioned in the document have met all of North Dakota's legal criteria to be recognized as a married couple. Marriage certificates in North Dakota are issued by County Recorders and Clerks of Court.

Are North Dakota Marriage Records Public?

Marriage records in North Dakota are public. Any member of the public has access to, can see, and copy records of marriages performed within the state. However, only certain persons can receive certified copies of a marriage record. The couple listed on the document as their immediate relatives and legal agents.

When seeking a certified copy of a marriage record in North Dakota, the requester must supply the following information:

• The names of the couple listed on the document, including maiden names
• The location where the marriage license was purchased
• The date of their marriage

In North Dakota, this comes with a charge. Family Court records can include marriage records and divorce records. These records contain the personal information of those involved, and their maintenance is critical should anyone wish to make changes.

How to Find Marriage Records in North Dakota

In North Dakota, marriage records are an official account of all legally sanctioned marital unions throughout the state. In light of the U.S. Supreme Court's ruling upholding the validity of same-sex marriages, North Dakota's marriage records have expanded to incorporate records of same-sex unions.

Individuals seeking a marriage record must request one from the County Recorder who originally issued the marriage license. Such requests can be submitted in person by physically visiting the courthouse where the license was procured or by sending a written request via mail to the relevant County Recorder's office.

Note: Requests for certified copies of a marriage certificate will only be processed when submitted by the couple named on the record, their immediate family members, or authorized legal representatives.

To request or obtain copies of a marriage record, applicants must submit a form including:

• The names of both spouses
• The names of both parents in full
• Location of the marriage
• Purpose of the request

This generally entails a fee, typically falling within the range of $5 to $10.

How to Get a Marriage License in North Dakota

In line with the relevant laws, any couple meeting the prescribed eligibility criteria may obtain a marriage license by applying to any County Recorder's Office within the state. They would need to include the requisite documentation and fee.

Residents can get a marriage license by following these steps:

Step 1. Meet the State Requirements

The age of majority to obtain a marriage license without parental consent is 18. Individuals aged 16 or 17 must secure the written and notarized consent of both parents or legal guardians. One of these guardians must be present during the application process. Legal guardians are further required to furnish evidence of their guardianship status.

Step 2. Submit the Required Documentation

Both prospective spouses must appear in person to complete the application and present acceptable forms of identification, including a valid driver's license, state-issued photo ID, military ID, passport, permanent resident card, or an original or certified copy of a birth certificate. Additionally, the applicants must provide their social security numbers, with a social security card being the preferred verification method.

If either applicant has been previously married, they must furnish a certified copy of the divorce decree from their most recent marriage or a certified death certificate for their former spouse. The County Recorder's Office retains these documents along with the marriage license application. North Dakota does not require a blood test or impose a waiting period before the solemnization of a marriage.

Step 3. Fill out the Application

Marriage applications must be submitted and completed by both parties. Some of the information that is required during the license application includes:

• Anticipated date of marriage
• Residency status (resident or from out of state)
• Applicant's full name (first, middle, last)
• Applicant's gender
• Surname at birth
• Address
• Date of birth
• Birthplace city and birthplace state
• Details of any previous marriages
• Parent names in full

Step 4. Submit and Pay the Fee

The statutory fee for a marriage license is $65, payable in cash at the time of application. The license remains valid for 60 days from the date of issuance. After this, a new application and fee are required if the marriage is not solemnized within that time frame.

Upon the completion of the marriage ceremony, the officiating official and two witnesses must sign the marriage license. The original and duplicate copies of the license must then be returned to the issuing County Recorder's Office, typically within five days, for official recording and filing among the county records. The original copy is subsequently returned to the married couple, and certified copies of the marriage record become available from the County Recorder's Office.

Who can obtain Marriage Records in North Dakota?

In North Dakota, there are multiple avenues for individuals to access marriage records. In line with the relevant statutory provisions, citizens may direct requests for marriage records to any County Recorder's Office across the state. In certain counties, the County Recorder is also the Clerk of the Court. These requests can be submitted in person, via postal mail, or through online portals, subject to the provision of adequate identification and payment of the prescribed fees.

Alternatively, individuals may opt to search for historical marriage records and other vital data through the North Dakota State Archives, which serves as a centralized repository for such information.

Certain categories of marriage records may be subject to confidentiality restrictions. Specifically, records of marriages solemnized by a probate judge wherein one or both parties were minors under the age of 18 at the time of the union are deemed confidential. Access to such records is strictly limited to the parties involved in the marriage.

Can You Lookup Online Marriage Records For Free in North Dakota?

North Dakota provides an online platform where the public may search for marriage records. In addition, individuals can view online marriage records for free using third-party platforms or search indexes, depending on the record's creation date. These platforms collect public data from a variety of sources within and beyond the state. These offer a simple and effective way to find records. However, the accuracy and completeness of the material may vary. Additionally, acquiring comprehensive copies of records may require a fee.

Is North Dakota a Common Law State for Marriage?

Common-law marriage is an arrangement where two individuals, considered eligible to be married, cohabit and present themselves to the general public as a married couple. This is despite not satisfying any of the legal requirements to be considered married, such as obtaining a marriage license and conducting a solemnization ceremony.

Common-law marriages in North Dakota were abolished in 1890 and are no longer recognized. The state does not issue licenses for common-law marriages. Common-law marriages that occurred in other states and were considered valid marriages in those states are recognized in North Dakota. The common-law couple may be required to provide documentation verifying that their common-law marriage was deemed valid by the state in which it occurred.