) I was married in North Carolina in 2016 by my wife's family friend who says he was ordained 20 years ago "from the back of Rolling Stone" not idea of its ULC or what—never saw documentation. I've read that NC does not consider online ordained ministers valid for marriage. If that is the case can I invalidate my marriage versus getting a divorce?
In the United States, the requirements for entering into marriage are determined by state law. The only U.S. state in which the highest court has recognized the power of a minister of the Universal Life Church to solemnize marriages is Mississippi, although some states allow anyone to solemnize a marriage. Courts in New York, North Carolina, and Virginia have ruled that, under applicable state law, ULC ministers are not authorized to solemnize marriages and a marriage at which a ULC minister officiated therefore is not valid. North Carolina law subsequently was amended to validate marriages performed by ministers of the Universal Life Church prior to July 3, 1981, and marriages solemnized by a ULC minister after that date are voidable, although equitable estoppel may prevent the parties themselves from challenging the marriage. A more recent New York court ruling, from a different appellate court, ruled that it is a factual question whether the ULC is a "church" whose ministers have authority under New York law to solemnize a marriage; on remand, the plaintiff offered no evidence, and the New York Supreme Court, which in New York is a trial court, accepted the defendant's evidence that the ULC fits the statutory definition of a "church" and the parties' marriage, performed by one of its authorized ministers, was valid. However, that holding is not binding on other courts. A New York County trial judge stated in 2014 that marriages performed by ULC ministers in New York State are potentially invalid or at the very least in jeopardy. The Supreme Court of Mississippi has ruled that Mississippi has a less restrictive statute and recognizes ULC ministers as able to perform valid marriages in that state. Lower courts in Pennsylvania have split on the issue. In the opinion of the Tennessee Attorney General, persons ordained by the ULC are not qualified under Tennessee law to solemnize a marriage.
2020 North Carolina General Statutes
Chapter 51 - Marriage
Article 1 - General Provisions.
§ 51-1.1 - Certain marriages performed by ministers of Universal Life Church validated.
Universal Citation: NC Gen Stat § 51-1.1 (2020)
51-1.1. Certain marriages performed by ministers of Universal Life Church validated.
Any marriages performed by ministers of the Universal Life Church prior to July 3, 1981, are validated, unless they have been invalidated by a court of competent jurisdiction, provided that all other requirements of law have been met and the marriages would have been valid if performed by an official authorized by law to perform wedding ceremonies.
(1981, c. 797.)
2020 North Carolina General Statutes :: Chapter 51 - Marriage :: Article 1 - General Provisions. :: § 51-1.1 - Certain marriages performed by ministers of Universal Life Church validated.
