Marriage of a man and a woman is controlled by state law. When two people are married the law gives them certain rights and duties as a husband and wife. Each state has certain rules that must be met before two people can marry.

Requirements to Marry

In order to be legally married in New Jersey, a man and woman must satisfy the following requirements:

• The man and woman cannot be closely related by blood. Ex: A man cannot marry his sister or his niece. A woman cannot marry her brother or her uncle.
• A man or woman cannot marry step or half relatives that are closely related. Ex: A woman cannot marry her stepbrother.
• The man and woman must both be at least 18 years old, with one exception. Someone under 18 can marry if both the man’s and woman’s parents consent to the marriage. The consent must be given under oath in front of two witnesses.
• Both the man and the woman cannot already be married. If either the man or woman was married before, they must show that they have gotten divorced or had the previous marriage annulled.
• A marriage license must be obtained. If a person has a venereal disease in a contagious stage or has been declared mentally incompetent by the court the city clerk will not issue the marriage license.

Marriage Licenses

In order to get married, the man and woman must obtain a marriage license. This is a document that authorizes the person performing the ceremony to marry the man and the woman. Marriage licenses are issued by the city clerk or registrar of:

• The town where the woman lives; or
• The town where the man lives if the woman does not live in New Jersey; or
• The town where the ceremony is to be performed if both the man and the woman do not live in New Jersey.

To get a marriage license, both the man and the woman must:

• Go to the city clerk (or other official) with a witness who knows both of them,
• Certify that they meet the requirements to be married and
• Pay the required fee of $28.00.

Marriage Ceremony

The marriage ceremony can be performed by:

• Any Federal, State, Municipal judge or magistrate (even if they are retired);
• Any county clerk;
• Any mayor or deputy mayor of a town;
• Chairman of any township committee;
• Any religious minister.

Other Types of Marriages

Common Law Marriage

• Common law marriage is when a man and a woman live together as husband and wife but they have not obtained a marriage license and have never been married by a state official. New Jersey does not have common law marriages today.
• New Jersey no longer accepts the legal validity of common law marriages, although such marriages that existed prior to December 1, 1939 are considered valid legal marriages.