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How do we prove our age while applying for marriage license in North Dakota?

How do we prove our age while applying for marriage license in North Dakota?

Q: Do I need my birth certificate to get married in the USA?

In many states, including North Dakota, you need to provide proof of age when applying for a marriage license, which often includes a birth certificate. However, some states may accept other forms of identification or documentation that verify your age. It's best to check the specific requirements for your state.

Q: When did states start requiring marriage licenses?

States began requiring marriage licenses in the 19th century to regulate marriages and ensure that couples met legal requirements. The practice became more widespread in the early 1900s as states sought to standardize marriage laws and protect against issues like underage marriages and bigamy.

Q: Can you apply for a marriage license in two states?

Generally, you should apply for a marriage license in only one state where you intend to marry. Applying in two states can lead to legal complications. If you obtain a license in one state, it is usually valid for use only in that state, so be sure to follow the local laws where you plan to marry.

Full question:

My girlfriend and I want to apply for a marriage license. Both of us have attained 18 years. What are the documents to be submitted concerning our age?

Category: Marriage
Date: 04/07/2025
State: North Dakota

Answer:

In North Dakota, when application for license is made to a recorder or designated official, they 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 an affidavit. The recorder, or designated official, also shall require each applicant to submit the documentary evidence of age. An affidavit must be filed 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. It is envisaged in N.D. Cent. Code, § 14-03-17 which reads as:

“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.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What paperwork do I need to do before getting married?

Before getting married, you typically need to obtain a marriage license. This process often requires you to provide identification, proof of age, and sometimes proof of residency. In North Dakota, both partners must submit an affidavit confirming they are over eighteen and provide a birth certificate or other acceptable evidence of age. It's also wise to check if any additional documents are needed based on local requirements.

Why do states require couples to obtain a marriage license?

States require couples to obtain a marriage license to ensure that both parties meet legal requirements, such as age and marital status. This process helps protect against unlawful marriages and ensures that the marriage is recognized by the state. In North Dakota, the law mandates verification of age and legality of the marriage (N.D. Cent. Code § 14-03-17).

Why is a marriage license required?

A marriage license is required to legally formalize a marriage. It serves as official permission from the state for a couple to marry, ensuring they meet specific legal criteria, such as age and capacity to consent. This requirement helps maintain the integrity of marital relationships and provides a public record of the marriage.