Marriage
CHAPTER 14-03
MARRIAGE CONTRACT
14-03-01. What constitutes marriage - Spouse defined.
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 of the opposite sex who is a husband or a wife.
14-03-08. Foreign marriages recognized - Exception
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 section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.
14-03-09. Who may solemnize marriages.
Marriages may be solemnized by all judges of courts of record; municipal judges; recorders, unless the board of county commissioners designates a different official; ordained ministers of the gospel; priests; clergy licensed by recognized denominations pursuant to chapter 10-33; and by any person authorized by the rituals and practices of any religious persuasion.
14-03-10. Marriage may not be solemnized without license.
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.
14-03-21. Return of license and certificate - Duplicate delivered to persons married
Records kept - Penalty. When a person authorized by law solemnizes a marriage, that person shall fill out and sign the certificate following the license in duplicate, giving the person's official title, or if a minister of the gospel or priest, the ecclesiastical body with which the minister or priest is connected. The original copy of the certificate and license must be returned to the official who issued the license within five days after the date of the solemnization of the marriage and the duplicate copy must be immediately delivered to the persons married. The official shall file the original copy and retain it as an official record. Any person who willfully neglects to make such return within the time required is subject to the penalty provided in section 14-03-28.
14-03-25. Performing marriage ceremony without authority - Penalty. 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.
Counseling/healing
CHAPTER 43-41 SOCIAL WORKERS
43-41-02. Social work practice - Exceptions.
1. Nothing in this chapter may be construed to prevent any person from doing work within the standards and ethics of that person's profession and calling, provided that the person does not present to the public, by title or description of services, that the person is engaging in social work practice.
CHAPTER 43-47 COUNSELORS
43-47-05. Counseling practice - Exceptions.
1. This chapter does not prevent any person licensed by the state from doing work within the standards and ethics of that person's profession, if that person does not represent to the public that the person is a professional counselor or associate professional counselor.
5. This chapter does not prevent a member of the clergy of any religious denomination from providing services within the scope of ministerial duties.
