§ 14-03-17 — Application for license

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. If
either applicant is under the age of eighteen years, the recorder, or designated
official, shall require the written consent of:
(1) Either parent of the minor applicant, if the parents are living together;
(2) The parent having the legal custody of the minor applicant, if the parents are
not living together;
(3) The surviving parent, if one of the parents of the minor applicant is
deceased; or
(4) The guardian, or person under whose care and government the minor
applicant is, if both parents of the minor applicant are deceased, or if a
person other than a parent has legal and actual custody of the minor
applicant.
b. An affidavit showing whether either or both of the parties have been divorced. If a
decree of divorce has been granted to either or both of the parties, a certified
copy of the decree must be filed with the application. A license shall not be issued
if it contravenes any provisions of the divorce decree.
2. All affidavits must be subscribed and sworn to before a person authorized to
administer oaths. The recorder, or designated official, shall retain on file all papers and
records pertaining to all marriage licenses. Anyone knowingly swearing falsely to the
statements contained in any affidavit mentioned in this section is subject to the penalty
provided in section 14-03-28.
3. Each application for a marriage license must also contain a statement regarding
surname options which is consistent with section 14-03-20.1.
4. Each application for a marriage license must contain the social security number of
each applicant.