Rhiannon Hendricks
If you're planning a wedding in New Jersey, there are a few legal requirements you must meet. These include age, consent, and capacity, as well as specific prerequisites to make your marriage official in the state. For example, ministers ordained through the Universal Life Church Ministries are considered members of the clergy and can officiate weddings regardless of their gender or religious background. Additionally, there is a waiting period of at least 72 hours after obtaining a marriage license before the ceremony can take place. Both residents and non-residents of New Jersey can apply for a marriage license, but there are certain restrictions for non-residents.
| Characteristics | Values |
|---|---|
| Minimum age of the couple | 18 |
| Minimum distance of kin allowed | No marriage between dependents, ancestors, siblings, or relatives who are considered whole or half-blood kin |
| Same-sex marriage | Allowed |
| Non-resident marriage | Allowed with restrictions |
| Waiting period | 72 hours after the license is obtained by the couple |
| Validity of the license | 30 days from the date of issuance |
| Blood tests | Not required |
| Officiant | Ministers ordained through the Universal Life Church Ministries can officiate a wedding regardless of gender or religious background |
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What You'll Learn
Marriage laws in New Jersey
Marriage laws vary from state to state in the United States, and New Jersey has its own unique set of regulations for weddings and marriages. Here is an overview of some of the key marriage laws in New Jersey.
Age and Consent
To marry in New Jersey, individuals must be at least 18 years of age. Under no circumstances can two people under 18 wed in the state. For minors, parental consent forms signed by both parents are required.
Prohibited Marriages
New Jersey does not permit marriage between any dependents or ancestors, siblings, or relatives who are considered whole or half-blood kin. However, marriages between first cousins are allowed.
Same-Sex Marriage
Federal and state laws in New Jersey allow same-sex couples to marry.
Non-Resident Weddings
Non-residents can marry in New Jersey, but there are certain restrictions. If neither party is a resident, the marriage license application must be submitted in the municipality where the wedding will take place, and the license is only valid in that municipality.
Waiting Period
There is a 72-hour waiting period after obtaining a marriage license before the wedding ceremony can take place. This waiting period can be waived with special permission from the Superior Court. The marriage license application is valid for six months, and the issued license is valid for 30 days.
Officiants
Ministers ordained through the Universal Life Church Ministries can officiate weddings in New Jersey, regardless of gender or religious background. These ministers may be required to produce specific documentation to prove their status.
Prenuptial Agreements
Spouses-to-be in New Jersey can prepare a prenuptial agreement to outline the consequences for their property if the marriage ends. This agreement can address rights and obligations regarding assets, characterise property as separate or marital, and address other personal rights and obligations as long as they do not violate public policy.
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Who can officiate weddings
In New Jersey, a variety of individuals are authorised to officiate weddings. This includes judges, mayors, county clerks, and religious leaders. Specifically, any member of the clergy from recognised religious institutions, including those ordained online by organisations such as The Provenance Centre or the Universal Life Church Ministries, can officiate weddings. The state recognises the legitimacy of online ordinations, making it easier for friends or family members to become officiants.
To officiate a wedding in New Jersey, one must:
- Get ordained through a reputable online ordination site, such as The Provenance Centre or the Universal Life Church Ministries.
- Complete the online application and provide any necessary information to receive your ordination. This process is typically free and quick.
- Once ordained, you may need to provide proof of your credentials. Such proof of ordination and registration as a legal minister can be found in the email confirmation received after getting ordained. It is wise to have these documents on hand in case any questions arise.
- Familiarise yourself with New Jersey's specific marriage laws to ensure compliance.
- Have a backup plan for unexpected situations, such as delays or issues with the marriage license.
- Use tools like Provenance.co to create a unique and meaningful ceremony script that reflects the couple's story and values.
After the ceremony, the officiant must ensure that the completed marriage license is signed by the couple and two witnesses, and returned to the issuing office within five days.
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Marriage license requirements
To obtain a marriage license in New Jersey, both parties must be at least 18 years old and cannot be related as dependents, ancestors, siblings, or any relative with whole or half-blood kin. First cousins are, however, allowed to marry. Same-sex couples are also allowed to marry in New Jersey. Non-residents can also get married in the state, but there are certain restrictions.
To apply for a marriage license, couples must complete a marriage license application form, which can be obtained at the Local Registrar's office. The form should not be signed before going to the Local Registrar. It must be signed under oath in the presence of the issuing authority. Couples must also provide proof of identity, such as a driver's license, passport, or state/federal ID, and proof of residency if one applicant is a New Jersey resident. If neither applicant is a resident, the application must be submitted in the municipality where the marriage will take place, and the license will only be valid in that municipality. Any documents in a foreign language must be accompanied by a certified English translation.
There is a 72-hour waiting period for the license to be issued after the application is filed with the Local Registrar. This waiting period can be waived in cases of emergency with permission from the Superior Court. The marriage license application is valid for six months from the date of acceptance, but this can be extended to a maximum of one year with prior approval from the Registrar.
For couples wishing to reaffirm their vows, the process is similar, except that proof of the existing marriage must be provided. If a civil and religious ceremony are to be performed on the same day, the Local Registrar will issue two marriage licenses, marked "A" and "B," to be used for the respective ceremonies.
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Waiting period before the wedding
In the state of New Jersey, there is a 72-hour waiting period before a marriage license is issued to the couple. This waiting period begins once the application has been filed with the Local Registrar. This means that the wedding ceremony cannot take place for at least 72 hours after the couple has obtained their license.
It is important to note that this waiting period can be waived, but only with special permission from the Superior Court. The couple or the officiant must also ensure that the completed license is returned to the registrar within 30 days of the application's approval and no later than five days after the wedding.
The 72-hour waiting period does not apply in the case of remarriage. For couples who are already married in New Jersey or another jurisdiction and wish to reaffirm their vows, there is no waiting period before the license is issued. However, they must provide proof of their existing marriage, meet the standard requirements for entering into a marriage in New Jersey, and follow the same guidelines for completing the license application.
To apply for a marriage license in New Jersey, couples must be at least 18 years of age and cannot be a party to another civil union, domestic partnership, or marriage. The license can be obtained from the Local Registrar's office, and it is essential that the application form is not signed beforehand. The form must be signed under oath in the presence of the issuing authority.
Additionally, the marriage license application is typically valid for six months from the date of acceptance. However, the Registrar may grant prior approval to extend its validity to a maximum of one year. It is important to note that only one marriage license may be granted per application, and if the license expires before being used, a new application must be submitted along with an additional fee.
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Same-sex marriage laws
Same-sex marriage has been legally recognised in New Jersey since 21 October 2013, when a trial court invalidated the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognise same-sex marriages.
The road to legalising same-sex marriage in New Jersey was not without setbacks. In 2012, the New Jersey Legislature passed a bill to legalise same-sex marriage, but it was vetoed by Governor Chris Christie. In 2006, advocates of same-sex unions sued to transcend domestic partnership in the case of Lewis v. Harris. The judges struck down the domestic partnership arrangement and voted 4-3 to allow the New Jersey Legislature to pass civil unions instead of allowing same-sex marriage.
In January 2022, Governor Phil Murphy signed legislation to codify same-sex marriage into New Jersey statutes. This legislation was enacted to protect against any backtracking by the U.S. Supreme Court and to ensure that the right to same-sex marriage would continue to exist in New Jersey.
Same-sex couples who enter into a civil union in New Jersey are provided almost all the rights granted to married couples under state law. However, under the federal Defense of Marriage Act (DOMA), same-sex couples in civil unions did not have any right or entitlement to the 1,138 rights that married couples have under federal law. Section 3 of DOMA, which prohibited the federal recognition of same-sex marriages, was struck down by the Supreme Court in 2013 in United States v. Windsor. Since then, the Respect for Marriage Act (RFMA) has been passed, repealing DOMA and requiring the federal government and all states to recognise the validity of same-sex civil marriages.
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Frequently asked questions
Yes, federal and state laws allow same-sex couples to marry in New Jersey.
If either partner is a resident of New Jersey, the couple can apply for a marriage license in the municipality where the resident lives. If neither partner is a resident, the couple must submit their application in the municipality where the ceremony will be held.
Both partners must be at least 18 years old.
Yes, marriage between dependents or ancestors, siblings, and any relatives who are considered whole or half-blood kin is prohibited. However, first cousins can marry in the state.
It is recommended to apply at least two weeks before the ceremony, but couples can apply as early as six months in advance. The marriage license must be obtained at least 72 hours before the ceremony, and it is valid for 30 days from the date of issuance.
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