Marriage License Information
In order to obtain a marriage license in North Dakota, the couple must apply together, in person, at the Mountrail County Clerk of District Court to complete the application. Applicants do not have to be Mountrail County residents.
A North Dakota marriage license allows a couple to get married anywhere within the State of North Dakota. Marriage licenses are obtained in the state that you are getting married in, not in the state where you reside.
North Dakota Century Code Chapter 14-03 defines the marriage contract and defines the laws regarding the issuance of marriage licenses in the State of North Dakota.
To apply for a marriage license you must:
1. To obtain a marriage license you must be at least 18 years of age. If applicants are under the age of 18, ages 16 and 17 only, under North Dakota Century Code you must have the written consent of both parents or legal guardians. The parents or legal guardians must be present at the time of the application. Legal guardians must bring with legal proof of guardianship. No one under the age of 16 will be issued a marriage license.
2. Both parties must bring photo ID with them such as a state issued driver's license, identification card, or passport. Both parties must also know their social security number and it is preferred, but not required to have your social security card with.
3. If either applicant has been previously married that applicant must provide a certified copy of the divorce decree. Divorce papers MUST be a certified copy. They cannot just be a regular copy. A certified copy normally will have a special stamp, stating that it is a true and correct copy made of the original, and a colored or raised seal somewhere on the document which makes it a certified copy. If the applicant was previously married and their spouse died, they must bring with a certified copy of the death certificate of their deceased spouse. The death certificate is not kept on file.
4. Both applicants have the option of changing their last name (surname) after marriage. The following options are available:
- Change to the last name (surname) of the other spouse
- Change to any former last name (surname) of either spouse
- Change to a name combining both surnames together separated by a hyphen or a space
- One or both parties may move their current surname to become their new middle name and then take their spouses surname as their new last name.
5. The fee for the marriage license is $65.00. Payment must be made by cash, check, or money order. Checks or money orders must be made payable to the Mountrail County Treasurer. Credit cards are not accepted for marriage licenses.
6. In the state of North Dakota there is no waiting period after you apply for the license before the marriage may take place. The license must be used within 60 days and may be used anywhere in North Dakota. If the license is unused it will be expired and no refunds are available. If the couple still wishes to get married they will have to purchase a new marriage license.
7. By obtaining a marriage license it permits you to be legally married, however you are not legally married until you have had some sort of ceremony with an officiant and two witnesses. Couples have the option of having a religious ceremony at a church or other location, or a civil ceremony inside or out of the courthouse.