New Jersey Marriage Laws: Practical Guide For 2025
A practical guide to New Jersey marriage rules, licenses, ceremonies, and legal limits for couples planning to wed.
New Jersey offers couples a relatively straightforward path to getting married, but there are specific rules about who can marry, how to obtain a license, who may perform the ceremony, and how the marriage is officially recorded. Understanding these legal requirements can help you avoid delays and ensure your marriage is valid under state law.
This guide explains the core features of New Jersey marriage laws in clear, practical terms, including eligibility rules, license procedures, officiants, civil unions, and common legal pitfalls.
1. Basic Eligibility to Marry in New Jersey
Before applying for a marriage license in New Jersey, both members of the couple must meet several baseline legal requirements.
1.1 Age and Capacity Requirements
New Jersey sets a minimum age for marriage and requires that both people understand and consent to the marriage.
- Minimum age: Both parties must generally be at least 18 years old to marry in New Jersey.
- Mental capacity: Each person must be capable of understanding the nature of marriage and voluntarily agreeing to it.
- No existing marriage or union: You cannot already be married, in a civil union, or in a domestic partnership that New Jersey recognizes.
When an applicant does not meet the age requirement or lacks legal capacity, a New Jersey licensing officer is not permitted to issue a marriage or civil union license.
1.2 Prohibited Relationships and Bigamy
As in other states, New Jersey restricts certain marriages to protect individuals and uphold public policy.
- Bigamy is prohibited: A person cannot marry if they are already lawfully married or in a civil union or equivalent relationship recognized by New Jersey.
- Close relatives: State law bars marriages between close family members such as parents and children, siblings, and similar relationships, even if all parties are adults.
Attempting to marry despite these restrictions can render the marriage void or voidable and may also expose participants to criminal or civil penalties under other parts of New Jersey law.
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2. New Jersey Is Not a Common Law Marriage State
Many couples ask whether living together for years or presenting themselves as a married couple can create a legal marriage. In New Jersey, the answer is firmly no.
- New Jersey abolished common law marriage as of December 1, 1939; any such relationships formed after that date are not recognized as marriage.
- Long-term cohabitation, shared finances, or calling each other “husband” or “wife” do not create spousal rights in New Jersey.
- Couples must obtain a valid marriage license and go through a legally recognized ceremony to become spouses.
Because there is no common law marriage, unmarried partners often rely on separate agreements (such as cohabitation or palimony contracts) if they want to define financial or property obligations.
3. Marriage Licenses: Where, How, and When
The marriage license is the legal authorization to marry. Without a valid license, a ceremony generally will not create a legally recognized marriage.
3.1 Where to Apply for a Marriage License
Marriage licenses are issued locally in New Jersey, not by a statewide office.
- Couples apply with a Local Registrar of Vital Statistics, usually in the municipality where either partner resides.
- If neither person lives in New Jersey, the couple typically applies in the municipality where the ceremony will take place.
Local registrars follow state guidance from the New Jersey Department of Health, which sets statewide rules for eligibility and documentation.
3.2 Required Information and Application Steps
New Jersey uses a standardized application form for marriage licenses. The process typically involves:
- Completing the application form – The couple provides identifying details such as names, addresses, dates of birth, and prior marital status.
- Appearing before the registrar – Applicants must appear and sign the form under oath in front of the issuing authority; signing in advance is not allowed.
- Providing a witness – At least one witness of legal age may be required to verify the information in some circumstances, especially under the relevant sections of Title 37 of the New Jersey Revised Statutes.
- Paying the fee – Municipalities charge a license fee set by state or local rule.
The registrar will not issue the license unless it appears that there is no legal impediment to the marriage, based on sworn statements from the applicants and any required witness.
3.3 Waiting Period and License Validity
New Jersey imposes a short waiting time between application and issuance, designed to allow basic review of the application.
- After a properly filed application, there is a mandatory waiting period before the license can be issued, unless waived in limited circumstances.
- Once issued, the marriage license remains valid for a specific period, during which the ceremony must occur. If the couple does not marry within that time, they must apply again.
The exact waiting period and expiration timeframe are set by statute and administrative guidance, and couples should confirm the current rules with their local registrar or the Department of Health.
3.4 Remarriage Licenses
New Jersey allows couples who are already married to each other—either in New Jersey or elsewhere—to reaffirm their relationship formally.
- A couple may apply for a remarriage license to renew their vows or hold a new ceremony while remaining legally married.
- The process is largely the same as a regular marriage license, but the applicants must provide proof of their existing marriage.
- Unlike a first-time license, New Jersey does not impose a 72-hour waiting period before issuing a remarriage license.
4. Ceremonies, Officiants, and Certificates
Once a license is issued, the couple still needs a valid ceremony and proper documentation for their marriage to be fully recognized.
4.1 Who May Perform a Marriage in New Jersey?
New Jersey allows several types of officiants to solemnize marriages and civil unions, including both civil and religious officials.
- Judges and magistrates – Various judges and magistrates of courts of record may conduct ceremonies, and prior marriages solemnized by such officials have been validated by statute.
- Municipal officials – Certain municipal magistrates and others designated by law may solemnize marriages.
- Religious officiants – Clergy or leaders of recognized religious societies or institutions may perform ceremonies consistent with state law.
Performing a marriage without first obtaining and reviewing the license can subject the officiant to legal penalties under New Jersey law.
4.2 In-Person and Emerging Remote Ceremonies
Traditionally, New Jersey has required that the couple, officiant, and witnesses be physically present at the ceremony. A recent legislative proposal, however, aims to modernize this rule.
- Under current law, applicants seeking a license must appear in person before the licensing officer, and solemnization typically occurs with everyone together at the ceremony location.
- A pending bill (S1165, 2024–2025 session) would allow certain marriage and civil union licenses to be issued and solemnized via audio-visual technology, provided all participants are physically located in New Jersey during the ceremony.
- Under the bill, the officiant would specify their physical municipal address as the place of marriage and confirm that the couple and witnesses are also physically in-state.
Until such legislation is enacted and implemented, couples should assume that traditional, in-person requirements remain in effect.
4.3 Marriage Certificates and Registration
After the ceremony, documentation is critical to completing the legal process.
| Step | Who Is Responsible? | Purpose |
|---|---|---|
| Complete certificate of marriage | Officiant and witnesses | Record the date, place, and identities of the couple and witnesses. |
| Sign and certify | Officiant | Certify that the ceremony occurred under a valid license. |
| Return certificate | Officiant | Transmit the completed certificate to the local registrar or appropriate authority for filing. |
Once the certificate is registered, it becomes the official record used for proof of marriage when applying for benefits, changing names, or asserting spousal rights.
5. Civil Unions, Same-Sex Marriage, and Related Statuses
New Jersey has gradually expanded legal recognition for same-sex couples and other nontraditional family structures.
5.1 Same-Sex Marriage
New Jersey recognizes marriage for same-sex couples on the same terms as for different-sex couples.
- Same-sex couples began marrying in New Jersey on October 21, 2013, after court decisions and legislative action made marriage available to all couples.
- Today, same-sex marriages follow the same rules on licenses, ceremonies, and eligibility that apply to any other marriage in the state.
5.2 Civil Unions
Civil unions were originally established to provide state-level rights similar to marriage for same-sex couples before full marriage equality.
- New Jersey’s civil union law gives partners many of the same rights and responsibilities as married spouses under state law, including similar procedures for licenses and solemnization.
- Civil unions, however, do not automatically guarantee the same federal benefits associated with marriage, such as certain Social Security or immigration rights, especially for unions formed before nationwide recognition of same-sex marriage.
Couples in a civil union may choose to remain in that status, convert it to a marriage, or enter a new marriage depending on their circumstances and legal advice.
6. Practical Tips for Avoiding Legal Problems
While New Jersey’s system is relatively accessible, overlooking small details can delay or complicate your marriage’s legal status. The following best practices can help smooth the process:
- Confirm eligibility early: Check age, prior marriage status, and relationship rules before setting a date or booking a venue.
- Contact the local registrar: Office hours, fees, and appointment policies can differ by municipality; calling ahead prevents surprises.
- Bring proper identification: Expect to show government-issued IDs and, if applicable, divorce decrees or death certificates from prior marriages.
- Choose an experienced officiant: Someone familiar with New Jersey law is less likely to make paperwork errors that delay registration.
- Order certified copies: After the marriage is recorded, request certified copies of your marriage certificate for name changes, benefits, and other legal uses.
7. Frequently Asked Questions About New Jersey Marriage Laws
Q1: Do we have to be New Jersey residents to marry in the state?
No. Nonresidents may marry in New Jersey, but if neither person lives in the state, they typically must apply for the marriage license in the municipality where the ceremony will take place and follow all state eligibility and documentation requirements.
Q2: How far in advance should we apply for a marriage license?
Because there is a short waiting period between application and issuance, couples should apply several days to a few weeks before the ceremony. Applying too early may cause the license to expire; applying too late may not leave enough time to satisfy the waiting period and any local processing requirements.
Q3: Is a religious ceremony legally required?
No. New Jersey allows both civil and religious ceremonies. A judge, magistrate, or other authorized civil officer may perform a wedding, and the couple’s legal rights are the same as if the marriage were solemnized by clergy.
Q4: Can we become married automatically by living together for many years?
No. New Jersey does not recognize common law marriage created after 1939. Even couples who cohabit for decades do not gain spousal status unless they obtain a valid marriage license and complete a ceremony recognized under state law.
Q5: Are civil unions still available, and how do they differ from marriage?
Civil unions remain a separate legal status under New Jersey law, providing many of the same rights and obligations as marriage at the state level. However, civil unions may not confer every federal benefit tied to marriage, especially for relationships formed before federal recognition of same-sex marriage, so couples should consider whether marriage better fits their legal and financial needs.
References
- Marriage License — New Jersey Department of Health, Vital Statistics and Registry. 2024-03-01. https://www.nj.gov/health/vital/registration-vital/marriage-licenses
- Bill Text: NJ S1165 (2024–2025) — New Jersey Legislature via LegiScan. 2024-01-18. https://legiscan.com/NJ/text/S1165
- Title 37 – Marriages and Married Persons — 2024 New Jersey Revised Statutes (Justia compilation). 2024-01-01. https://law.justia.com/codes/new-jersey/title-37/
- New Jersey Cohabitation Agreements in 2025 — Arons & Solomon, P.A. 2025-05-23. https://aronssolomon.com/blog/new-jersey-cohabitation-agreements-in-2025/
- Common Law Marriage New Jersey: 7 Shocking Facts You Must Know — EP Divorce Lawyer. 2023-09-10. https://epdivorcelawyer.com/common-law-marriage-new-jersey-shocking-facts/
- No, Common Law Marriage Still Doesn’t Exist in New Jersey — Fox Rothschild LLP. 2022-10-18. https://njfamilylaw.foxrothschild.com/2025/10/articles/cohabitants-rights/no-common-law-marriage-still-doesnt-exist-in-new-jersey/
- Timeline of Same-Sex Marriage in New Jersey — Pashman Stein Walder Hayden P.C. 2025-06-11. https://www.njlawfirm.com/blogs/family-law/2025-06-11-timeline-of-same-sex-marriage-in-new-jersey
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