Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-03-01 What constitutes marriage - Spouse defined
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Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person …
N.D.C.C. § 14-03-01.1 Members of armed forces deemed residents
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For the purpose of instituting any action or proceeding in the courts of this state, under the provisions of this title, in which residence is a requirement, any member of any branch of the armed forces of the United States who is stationed within the state, and the wife or husba…
N.D.C.C. § 14-03-02 Lawful age for marriage
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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…
N.D.C.C. § 14-03-03 Void marriages
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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 …
N.D.C.C. § 14-03-04 Marriage between white person and Negro person void - Penalty
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Repealed by S.L. 1955, ch. 126, § 1.
N.D.C.C. § 14-03-05 Definition of a Negro person
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Repealed by S.L. 1955, ch. 126, § 2.
N.D.C.C. § 14-03-06 Marriage of person having husband or wife void - Exception
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A marriage contracted by a person having a former husband or wife living, if the former marriage has not been annulled or dissolved, is illegal and void from the beginning unless such former husband or wife was absent and believed by such person to be dead for a period of five ye…
N.D.C.C. § 14-03-07 Prohibited marriages
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Repealed by S.L. 1993, ch. 141, § 1.
N.D.C.C. § 14-03-08 Foreign marriages recognized - Exception
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Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This se…
N.D.C.C. § 14-03-09 Who may solemnize marriages
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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…
N.D.C.C. § 14-03-10 Marriage may not be solemnized without license
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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 domicile…
N.D.C.C. § 14-03-11 Who issues marriage license to official
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When an official authorized to issue a marriage license desires to have a license for the official's own marriage issued in the county of the official's residence, the official may request another authorized official to act in the official's stead upon the application for the lic…
N.D.C.C. § 14-03-12 Serological test for syphilis required before application for license filed
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Repealed by S.L. 1983, ch. 175, § 3.
N.D.C.C. § 14-03-13 Standard serological test defined
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Repealed by S.L. 1983, ch. 175, § 3.
N.D.C.C. § 14-03-14 Serological test - Contents of laboratory statement
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Repealed by S.L. 1983, ch. 175, § 3.
N.D.C.C. § 14-03-15 When serological test not necessary
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Repealed by S.L. 1983, ch. 175, § 3. 14-03-16. Physician's certificate and laboratory statement - Misrepresentation - Penalty. Repealed by S.L. 1983, ch. 175, § 3.
N.D.C.C. § 14-03-17 Application for license
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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…
N.D.C.C. § 14-03-18 License to and marriage of intoxicated person prohibited
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A license for marriage may not be issued to anyone under the influence of intoxicating liquor at the time of making application therefor. No marriage ceremony may be performed when either or both of the contracting parties is under the influence of intoxicating liquor or any narc…
N.D.C.C. § 14-03-19 License issued to all who comply with law
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If a recorder, unless the board of county commissioners designates a different official, is satisfied that there is no legal impediment to the marriage and that the applicants have complied with the provisions of this chapter, then the recorder, or designated official, shall issu…
N.D.C.C. § 14-03-20 License and certificate
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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 ) )…
N.D.C.C. § 14-03-20.1 Surname options
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1. Every person has the right to adopt any surname by which that person wishes to be known by using that surname consistently and without intent to defraud. 2. A person's surname does not automatically change upon marriage. Neither party to the marriage must change the party's su…
N.D.C.C. § 14-03-20.2 Middle name options
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1. One party or both parties to a marriage may elect to change the middle name by which that individual wishes to be known after the solemnization of the marriage by entering the new middle name in the space provided on the marriage license application. If an individual elects to…
N.D.C.C. § 14-03-23 Marriage registered with bureau of vital statistics
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Repealed by S.L. 1971, ch. 148, § 2.
N.D.C.C. § 14-03-24 Certified record is evidence
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The books of record of marriage licenses issued and certificates returned which are kept by a recorder, unless the board of county commissioners designates a different official, serving any county, or certified copies of such entries, and certified copies of the records of the re…
N.D.C.C. § 14-03-25 Performing marriage ceremony without authority - Penalty
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Every person who attempts to join others in marriage or to perform the marriage ceremony for another within this state without being authorized by law so to do must be punished as provided in section 14-03-28.
N.D.C.C. § 14-03-26 Issuing license of marriage between Negroes and whites - Penalty
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Repealed by S.L. 1955, ch. 126, § 3.
N.D.C.C. § 14-03-27 Performing marriage ceremony between Negroes and whites - Penalty
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Repealed by S.L. 1955, ch. 126, § 4.
N.D.C.C. § 14-03-28 Penalty
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Unless otherwise provided, any person violating any of the provisions of this chapter is guilty of a class A misdemeanor.