About Marriage Law in New Jersey, United States
Marriage law in New Jersey sets the foundation for the legal recognition of marital relationships in the state. Entering into marriage establishes a variety of rights and responsibilities under New Jersey law, including property rights, inheritance, and obligations of support. Both opposite-sex and same-sex marriages are legal and recognized in New Jersey. The legal requirements for marriage include procedures for obtaining a marriage license, age restrictions, and prohibitions on certain familial relationships.
Why You May Need a Lawyer
While many individuals can go through the marriage process without legal representation, there are several situations where seeking assistance from a lawyer is beneficial. These include:
- Drafting or reviewing a prenuptial or postnuptial agreement
- Addressing complications regarding property rights or inheritance
- Clarifying eligibility issues or prior marriage dissolutions
- Protecting assets in cases of significant individual or family wealth
- Dealing with immigration matters involving marriage to a non-citizen
- Navigating complex family dynamics such as parental consent or guardianship for minors
- Understanding obligations and rights after marriage, including spousal support or debts
- Advising on name change procedures and other records updates following marriage
Consulting a lawyer ensures you are compliant with all laws and helps protect your interests in the event of disputes later on.
Local Laws Overview
Marriage laws in New Jersey are governed by Title 37 of the New Jersey Statutes. Key requirements for marriage include:
- Minimum Age: Parties must be at least 18 years old. Minors aged 16 or 17 may marry with parental consent but must also obtain judicial approval. Individuals under 16 cannot marry under any circumstances.
- Marriage License: A marriage license must be obtained from the municipal clerk where either applicant resides. Both parties must apply in person, provide identification, and pay a fee. There is a mandatory 72-hour waiting period between application and issue of the license.
- No Close Relatives: Marriages between certain close relatives are prohibited, including parents and children, siblings (whole or half), uncles and nieces, and aunts and nephews.
- Previous Marriages: If either party was previously married or in a civil union or domestic partnership, proof of its dissolution is required before a new marriage license can be issued.
- Solemnization: The ceremony must be performed by an authorized officiant, such as a judge, mayor, or recognized clergy member. The completed license must then be filed with the appropriate authorities for registration.
New Jersey recognizes common law marriages only if they were legally established in another state. Civil unions for same-sex couples are still recognized, but after the legalization of same-sex marriage, most couples now choose marriage.
Frequently Asked Questions
What is the legal age to get married in New Jersey?
The minimum legal age for marriage in New Jersey is 18 years old. Those aged 16 or 17 may marry only with parental consent and a judge's approval. Marriage is not permitted for anyone under age 16.
How do I apply for a marriage license?
Both parties must apply in person at the municipal clerk's office in the New Jersey municipality where either one resides. If neither is a New Jersey resident, apply where the ceremony will take place. Bring identification and, if applicable, documentation of prior marriage dissolution.
Is there a waiting period for a marriage license?
Yes, there is a mandatory 72-hour waiting period after the application is filed before the license is issued.
How long is a marriage license valid in New Jersey?
A marriage license is valid for six months from the date of issuance.
Can same-sex couples marry in New Jersey?
Yes. Same-sex marriage is legal and fully recognized in New Jersey.
Are prenuptial agreements enforceable in New Jersey?
Yes, prenuptial agreements are enforceable as long as they are in writing, signed voluntarily by both parties, and full disclosure of assets has occurred. Legal counsel is strongly recommended for both parties.
Is a blood test required to marry in New Jersey?
No. New Jersey does not require blood tests to obtain a marriage license.
Who can solemnize a marriage ceremony in New Jersey?
Judges, mayors, county clerks, certain religious officials, and other persons authorized by law may perform the marriage ceremony.
Are common law marriages valid in New Jersey?
New Jersey does not recognize common law marriages formed within the state. However, it may recognize a valid common law marriage from another state.
What should I do if one party has changed their name after marriage?
After marriage, a spouse may legally change their surname. Update official documents such as a driver's license, Social Security records, and bank accounts. A certified copy of the marriage certificate is typically required.
Additional Resources
- New Jersey Department of Health - Vital Statistics and Registry (handles marriage licenses and certificates)
- Office of the Municipal Clerk in your locality
- New Jersey Courts (legal information and family law resources)
- New Jersey State Bar Association (for finding qualified family law attorneys)
- Legal Services of New Jersey (free or low-cost legal aid)
Next Steps
If you need legal assistance regarding marriage in New Jersey, consider the following steps:
- Assess your situation to determine if legal advice is needed, especially for prenuptial agreements, complex family dynamics, prior marriages, or questions of eligibility.
- Gather all relevant documents, such as identification, proof of residence, and records of prior marriages or legal relationships.
- Contact the local municipal clerk's office for information regarding marriage license application procedures in your area.
- If legal questions or complications arise, consult with a family law attorney who practices in New Jersey. This ensures any agreements are enforceable and your rights are protected.
- Utilize available resources, including legal aid clinics, the state bar association, and governmental offices, for guidance and referrals.
Understanding and following New Jersey's marriage laws helps lay the groundwork for a stable and protected marital relationship. If uncertain, timely legal advice can prevent future disputes and provide peace of mind.
Lawzana helps you find the best lawyers and law firms in New Jersey through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Marriage, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in New Jersey, United States - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
