How New Jersey’s Family Law Treats Common Law Marriage

In New Jersey, family law provides specific guidelines regarding marriage, including the recognition of common law marriage. Although common law marriages are not officially established in New Jersey, the state does acknowledge them under certain circumstances, particularly for marriages recognized in other jurisdictions.

Common law marriage is a legal framework where a couple lives together and presents themselves as married without undergoing the formal wedding ceremony or obtaining a marriage license. This type of arrangement is recognized in about 11 states and has varying definitions and requirements. In New Jersey, however, common law marriage was abolished in 1939, meaning that couples cannot enter into a common law marriage within the state.

Despite this, New Jersey’s family law recognizes common law marriages that were legally established in jurisdictions where they are permitted. This means that if a couple entered into a common law marriage in another state that recognizes such arrangements, New Jersey will honor that marriage as valid. This recognition is crucial for legal matters such as divorce, property division, and inheritance rights, as couples may need to prove the validity of their marriage in New Jersey courts.

In order to establish the legitimacy of a common law marriage in New Jersey, it is essential to provide evidence that the couple cohabited, intended to be married, and publicly presented themselves as a married couple. This evidence can include shared utility bills, joint bank accounts, tax returns, and affidavits from friends and family. Documentation and witness testimony will play a significant role in affirming the existence of a common law marriage when addressing familial or legal issues.

For couples who have been involved in a common law marriage recognized from another state, the process of dissolving the marriage follows similar protocols as traditional marriage. A legal separation or divorce requires filing the appropriate paperwork in your local court, and issues such as alimony, child custody, and asset division will need to be addressed just like any legally married couple.

It is essential for individuals considering a common law marriage outside New Jersey to be aware of their state's laws, as these can significantly impact their rights and obligations. Consulting with a family law attorney can provide clarity on how common law marriage may affect personal circumstances, especially for those residing in New Jersey but having originated or engaged in a common law marriage elsewhere.

In conclusion, while New Jersey does not allow common law marriages to be created within its borders, it does recognize marriages that were validly established in other jurisdictions. Couples in such situations must be diligent in maintaining documentation that supports the existence of their relationship and should seek legal advice when navigating family law matters.