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MEMORANDUM OF LAW

TO: LISA JURS


FROM: DAWN CAMPBELL, PARALEGAL
FILE REFERENCE: CATHY CLIENT
RE: MARRIAGE LICENSE REQUIREMENTS
DATE: 3 JUNE 2016

STATEMENT OF ASSIGNMENT
You asked me to research the requirements to acquire a marriage license in
Gaston County, North Carolina.
RESULTS OF RESEARCH
Cathy Client wants to acquire a marriage license in Gaston County, North
Carolina. The address that you can go to is the Gaston County Courthouse 325 Dr.
Martin Luther King Jr. Way. Gastonia, NC 28052, hours are Monday-Friday from
8:30am-4:30pm. You can also mail it into the Gaston County Register of Deeds PO
Box 1578, Gastonia, NC 28053. Her finance, Jordan Blevins is not able to come to
Gaston County until the day before their August 7, 2016, wedding. Some of the
requirements for the marriage application includes the following:

Both the applicants must come in person and have a valid state ID, valid
drivers license, or a certified copy of birth certificate.
Social Security card
If either one of the parties have been previously married that ended up in
Divorce or Annulment, the applicant must provide a copy signed by the
judge.
If either one of the parties previous marriage ended by death, the applicant
must know the month and date of the death.

The good thing about the application they can either fill out the application
online or do it in person. It takes approximately 20-30 minutes to process the
application and there is a $60.00 charge for the license. The license is only valid
for 60 days from the date purchased. I have also provided a marriage application
at the end of this memo (Exhibit B).
APPLICATION OF THE LAW
In the N.C.G.S 51-8.2 it says that if an applicant is over the age of 18 and
cannot appear at the register of deeds office, the other party to the planned
marriage must appear in person on behalf of the applicant and submit a sworn and
notarized affidavit in lieu of the absent applicants personal appearance. I am
providing an affidavit that could be used at the end of this memo (Exhibit A). Even

though the Register of Deeds has completely different requirements, they have to
follow the N.C.G.S because it is a primary authority.
CONCLUSION
As long as Cathy had gotten an affidavit written up and had got it notarized
with her fianc present, then she needs to bring the affidavit and all the necessary
requirements for her to get the marriage license. The likelihood of her getting the
marriage license without him there is pretty high under the N.C.G.S 51-8.2.

EXHIBIT A- AFFIDAVIT FORM


__________, [applicant] appearing before the undersigned notary and being duly
sworn, says that:

1. I, __________, [applicant's name] am applying for a license in _______ County,


North Carolina, to marry _______ [name of other applicant] in North Carolina within
the next 60 days and I am authorized under G.S. 51-8.2 to complete this Affidavit in
Lieu of Personal Appearance for Marriage License Application.

I attach: (1) documentation that I am over 18 years of age as required in county


of issuance; and (2) documentation of divorce as required by county of issuance.

2. I submit the following information in applying for a marriage license:

Name: ____________________________________________________________

First

Middle

Last

Residence: _________________________________________________________

State

County

City or Town

__________________________________________________________________

Street and Number

Inside City Limits (Yes or No): ________________________________________

Birthplace: _________________________________________________________

County & State or Country

Birth Date: ______________ Age: ____

Father: ____________________________________________________________

Name

State of Birth

__________________________________________________________________

Address (if living) or Deceased

Mother: ___________________________________________________________

Name

State of Birth

__________________________________________________________________

Address (if living) or Deceased

Race (Optional): ____________________________________________________

Number of this marriage: 1st, 2nd, etc. ___________________________________

Last Marriage Ended by: ______________________________________________

Death, Divorce, Annulment

Date Marriage Ended: ________________________________________________

Specify Highest Grade Completed in School (Optional): ____________________

Social Security # ______________ (If applicant does not have Social Security
number, attach affidavit of ineligibility)

I hereby make application to the Register of Deeds for a Marriage License and
solemnly swear that all of the statements contained in the above application are
true and I further make oath that there is no legal impediment to such marriage.

_______________________

Signature of Applicant

Sworn to (or affirmed) and subscribed before me this _____ day of __________,
______.

__________________________

[Seal] Notary Public

My commission expires: ______

__________________________

[Notary's typed or printed name].

EXHIBIT B- MARRIAGE LICENSE FORM


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