Getting Married in New Jersey: Legal Guide for Couples
Getting married in New Jersey requires couples to obtain a marriage license from a local registrar, which becomes valid after a 72-hour waiting period and remains valid for 6 months. New Jersey recognizes both traditional and civil union marriages, with no residency requirements for couples wishing to marry in the state.
Before your wedding day, ensure you've gathered all required documentation including proof of identity, social security numbers, and any divorce/death certificates if previously married. Failure to properly complete the marriage license application can delay your ceremony and create legal complications.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (N.J.S.A. 37:1-1 et seq.)
In New Jersey, couples must obtain a marriage license before getting married. Both parties must appear in person at the local registrar's office to apply. There is a 72-hour waiting period after application before the license is issued (unless a judicial waiver is obtained). The license is valid for 30 days after issuance. This law is relevant because it establishes the mandatory legal prerequisites for a valid marriage in New Jersey.
Age Requirements (N.J.S.A. 37:1-6)
New Jersey law requires both parties to be at least 18 years old to marry without parental consent. Individuals under 18 cannot marry in New Jersey, even with parental consent, as the state banned child marriages in 2018. This law is relevant because it establishes the minimum age requirements that must be met for a legal marriage in the state.
Prohibited Marriages (N.J.S.A. 37:1-1)
New Jersey prohibits marriages between certain relatives, including parents and children, siblings, aunts/uncles and nieces/nephews, and first cousins. This law is relevant because it defines who cannot legally marry in the state regardless of other qualifications.
Same-Sex Marriage (Obergefell v. Hodges and Garden State Equality v. Dow)
Same-sex marriage is legal in New Jersey. The state began recognizing same-sex marriages in 2013 following the New Jersey Superior Court decision in Garden State Equality v. Dow, and this was reinforced by the 2015 U.S. Supreme Court decision in Obergefell v. Hodges. This law is relevant because it establishes that same-sex couples have the same marriage rights as opposite-sex couples in New Jersey.
Solemnization Requirements (N.J.S.A. 37:1-13)
In New Jersey, marriages may be solemnized by judges, mayors, county clerks, ministers of any religion, and certain other officials authorized by statute. The state also recognizes self-uniting or religious society marriages. This law is relevant because it defines who can legally perform marriage ceremonies in New Jersey.
Name Change After Marriage (N.J.S.A. 37:1-17)
New Jersey allows individuals to change their surname after marriage by indicating the desired new name on the marriage license application. This can be the surname of either spouse, a combination of both surnames, or a completely different surname. This law is relevant because it establishes the legal process for changing one's name as part of the marriage process.
Premarital Agreements (N.J.S.A. 37:2-31 et seq.)
New Jersey recognizes premarital agreements (prenuptial agreements) that meet certain requirements. These agreements must be in writing, signed by both parties, and include a full disclosure of assets. They become effective upon marriage and can address property division, alimony, and other financial matters in case of divorce. This law is relevant because it allows couples to establish legally binding financial arrangements before marriage.
Regional Variances
Northern New Jersey
Bergen County requires marriage license applications to be submitted in person at the local registrar's office in the municipality where either party resides. There is a 72-hour waiting period after application before the license is issued. The license fee is typically $28.
In Essex County, particularly in Newark, couples may need to schedule an appointment in advance for marriage license applications. The county offers civil ceremony services at the County Clerk's Office for an additional fee, which is convenient for couples who don't have an officiant.
Hudson County municipalities like Jersey City and Hoboken have streamlined online pre-application processes, though in-person appearance is still required to finalize the application. Jersey City frequently offers special weekend hours for marriage services during peak wedding seasons.
Central New Jersey
Middlesex County requires both parties to appear together when applying for a marriage license. Some municipalities in this county require appointments while others accept walk-ins. New Brunswick specifically requires proof of address that is less than 90 days old.
In Mercer County, including Princeton and Trenton, marriage licenses are valid for 6 months from the date of issuance. The county clerk's office offers expedited processing for marriage certificates after the ceremony, which can be important for name change purposes.
Monmouth County has specific requirements for divorced applicants, who must bring a certified copy of their divorce decree. The county also has stricter identification requirements, often requiring multiple forms of ID beyond just a driver's license.
Southern New Jersey
Camden County requires marriage license applications to be submitted in the municipality where either party resides. For non-residents getting married in Camden County, the application must be made in the municipality where the ceremony will take place. The county offers same-day license issuance after the waiting period.
Atlantic County, home to Atlantic City, has specific procedures for casino weddings. Couples planning to marry in Atlantic City's casinos should check if the casino has an on-site wedding chapel with authorized officiants, as this may affect where you need to apply for your license.
Cape May County, a popular destination wedding location, allows non-residents to apply for marriage licenses in the municipality where the ceremony will take place. The county has seasonal variations in processing times, with longer waits during the summer tourist season.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn New Jersey, couples must apply for a marriage license at the local registrar's office in the municipality where either party resides, or if neither is a NJ resident, in the municipality where the marriage will take place. Both parties must appear in person with valid ID (driver's license, passport, or state ID). There is a 72-hour waiting period after application before the license is issued, and the license is valid for 30 days. The fee is typically $28.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and establish financial arrangements in case of divorce. In New Jersey, prenuptial agreements must be in writing, signed by both parties, and include full financial disclosure. It's advisable for each party to have separate legal representation. The agreement should be finalized well before the wedding to avoid claims of coercion or duress.
Update or Create a Will
45 days after wedding days after startingMarriage automatically changes certain inheritance rights in New Jersey. Creating or updating your will ensures your assets are distributed according to your wishes. Without a will, New Jersey intestacy laws determine asset distribution, with your spouse receiving a significant portion. Your will should name an executor and specify guardians for any minor children.
Create a Healthcare Power of Attorney
45 days after wedding days after startingThis document designates someone to make medical decisions on your behalf if you become incapacitated. In New Jersey, your spouse doesn't automatically have this authority without proper documentation. The document should clearly state your healthcare preferences and the extent of decision-making power granted to your agent.
Establish a Durable Power of Attorney
45 days after wedding days after startingThis document appoints someone to handle your financial affairs if you become unable to do so. In New Jersey, a durable power of attorney remains effective even if you become incapacitated. You can specify which powers you want to grant (e.g., banking, real estate transactions, tax matters) and when they become effective.
Update Beneficiary Designations
30 days after wedding days after startingReview and update beneficiary designations on retirement accounts, life insurance policies, and other financial accounts. In New Jersey, these designations generally override will provisions. For certain accounts like 401(k)s, your spouse may need to consent if you wish to name someone else as beneficiary.
Apply for Name Change (if applicable)
60 days after wedding days after startingIf either spouse wishes to change their name after marriage, they can use their marriage certificate as proof for most institutions. For a legal name change in New Jersey, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. For women, the marriage certificate is usually sufficient for a name change. For men or more complex changes, a court petition may be required.
Establish Joint Financial Accounts (if desired)
30 days after wedding days after startingConsider whether to maintain separate accounts or establish joint accounts. New Jersey is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are typically considered marital property regardless of contribution amounts. Discuss with your spouse which approach works best for your financial situation.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In New Jersey, you typically have 30-60 days after marriage to make these changes. Compare both spouses' insurance options to determine the most cost-effective coverage for your family.
Research Tax Filing Options
90 days after wedding days after startingMarriage affects your tax filing status. You'll need to decide whether to file jointly or separately. For most couples in New Jersey, filing jointly results in tax benefits, but this depends on your specific financial situation. If you're getting married late in the year, consider consulting a tax professional to understand the implications for that tax year.
Update Address and Emergency Contact Information
14 days after address change days after startingIf moving in together, update your address with the postal service, employers, financial institutions, and on identification documents. Also update emergency contact information with employers, doctors, and other relevant parties. In New Jersey, you must update your driver's license address within one week of moving.
Review and Adjust Auto Insurance
30 days after wedding days after startingNew Jersey requires all drivers to have auto insurance. Marriage often qualifies you for multi-car discounts or lower rates. Combining policies can save money, but compare quotes first. New Jersey is a no-fault insurance state, so understanding your coverage options is important.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In New Jersey, couples must apply for a marriage license at the local registrar's office in the municipality where either party resides, or if neither is a NJ resident, in the municipality where the marriage will take place. Both parties must appear in person with valid ID (driver's license, passport, or state ID). There is a 72-hour waiting period after application before the license is issued, and the license is valid for 30 days. The fee is typically $28. | Marriage License Application | 30 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and establish financial arrangements in case of divorce. In New Jersey, prenuptial agreements must be in writing, signed by both parties, and include full financial disclosure. It's advisable for each party to have separate legal representation. The agreement should be finalized well before the wedding to avoid claims of coercion or duress. | Prenuptial Agreement | 60 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in New Jersey. Creating or updating your will ensures your assets are distributed according to your wishes. Without a will, New Jersey intestacy laws determine asset distribution, with your spouse receiving a significant portion. Your will should name an executor and specify guardians for any minor children. | Updated Will | 45 days after wedding |
| Create a Healthcare Power of Attorney | This document designates someone to make medical decisions on your behalf if you become incapacitated. In New Jersey, your spouse doesn't automatically have this authority without proper documentation. The document should clearly state your healthcare preferences and the extent of decision-making power granted to your agent. | Healthcare Power of Attorney | 45 days after wedding |
| Establish a Durable Power of Attorney | This document appoints someone to handle your financial affairs if you become unable to do so. In New Jersey, a durable power of attorney remains effective even if you become incapacitated. You can specify which powers you want to grant (e.g., banking, real estate transactions, tax matters) and when they become effective. | Durable Power of Attorney | 45 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on retirement accounts, life insurance policies, and other financial accounts. In New Jersey, these designations generally override will provisions. For certain accounts like 401(k)s, your spouse may need to consent if you wish to name someone else as beneficiary. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, they can use their marriage certificate as proof for most institutions. For a legal name change in New Jersey, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. For women, the marriage certificate is usually sufficient for a name change. For men or more complex changes, a court petition may be required. | Name Change Application | 60 days after wedding |
| Establish Joint Financial Accounts (if desired) | Consider whether to maintain separate accounts or establish joint accounts. New Jersey is an equitable distribution state, meaning marital property is divided fairly (not necessarily equally) in divorce. Joint accounts are typically considered marital property regardless of contribution amounts. Discuss with your spouse which approach works best for your financial situation. | Joint Bank Account Application | 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In New Jersey, you typically have 30-60 days after marriage to make these changes. Compare both spouses' insurance options to determine the most cost-effective coverage for your family. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Tax Filing Options | Marriage affects your tax filing status. You'll need to decide whether to file jointly or separately. For most couples in New Jersey, filing jointly results in tax benefits, but this depends on your specific financial situation. If you're getting married late in the year, consider consulting a tax professional to understand the implications for that tax year. | - | 90 days after wedding |
| Update Address and Emergency Contact Information | If moving in together, update your address with the postal service, employers, financial institutions, and on identification documents. Also update emergency contact information with employers, doctors, and other relevant parties. In New Jersey, you must update your driver's license address within one week of moving. | - | 14 days after address change |
| Review and Adjust Auto Insurance | New Jersey requires all drivers to have auto insurance. Marriage often qualifies you for multi-car discounts or lower rates. Combining policies can save money, but compare quotes first. New Jersey is a no-fault insurance state, so understanding your coverage options is important. | - | 30 days after wedding |
Frequently Asked Questions
In New Jersey, you need to obtain a marriage license from a local registrar, which requires both parties to appear in person with valid identification. You must be at least 18 years old (or have parental consent if between 16-17). There's a 72-hour waiting period after applying before the license becomes valid, and the license is good for 30 days. You'll need to provide proof of identity (such as a driver's license or passport), your social security number, and pay a fee (typically $28). The marriage must be solemnized by an authorized person such as a judge, mayor, or religious minister.
No, New Jersey no longer requires blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide the required identification documents and complete the application process.
Yes, same-sex marriage has been legal in New Jersey since October 21, 2013. Same-sex couples have the same marriage rights and requirements as opposite-sex couples throughout the state.
There is a mandatory 72-hour waiting period between applying for your marriage license and when it becomes valid. This means you must plan accordingly and apply at least three days before your intended wedding date. In emergency situations, a Superior Court judge can waive this waiting period.
No, you do not need to be a New Jersey resident to get married in the state. Non-residents can apply for a marriage license in any municipality where either party has a parent residing. If neither party nor their parents are New Jersey residents, you can apply in the municipality where you plan to have the ceremony.
If you were previously married, you must provide information about how the previous marriage ended (divorce, annulment, or death). You may need to provide a certified copy of your divorce decree or your former spouse's death certificate. The registrar needs to verify that any previous marriages were legally terminated before issuing a new marriage license.
In New Jersey, weddings can be officiated by judges, mayors, county clerks, magistrates, ministers, priests, rabbis, and other religious leaders. The officiant must be registered with the state. New Jersey does not recognize online ordinations from organizations like the Universal Life Church, so ensure your officiant has valid credentials recognized by the state.
Yes, New Jersey law requires at least one witness (18 years or older) to be present at your wedding ceremony. The witness must sign the marriage certificate along with the couple and the officiant. Some religious ceremonies may require two witnesses, so check with your officiant about specific requirements.
After marriage in New Jersey, you can legally change your last name to your spouse's last name, hyphenate your names, create a new combined name, or keep your original name. Your marriage certificate serves as proof of the name change for updating documents like your driver's license, social security card, and passport. Note that more complex name changes might require a separate court petition.
New Jersey is an 'equitable distribution' state, not a community property state. This means that assets acquired during marriage are considered marital property subject to equitable (fair but not necessarily equal) distribution in case of divorce. Marriage also creates inheritance rights, potential tax benefits, and the ability to make medical decisions for your spouse. Consider discussing a prenuptial agreement with an attorney if you have significant assets or specific concerns about property rights.