How to Get Married in New Jersey (2026)
Reviewed by DocDraft Legal Team · New Jersey · Last updated 2026-05-18
Marriage formation in New Jersey follows New Jersey-specific family law from the license application onward. The waiting-period rule reads as follows: 72 hours. The license validity window is: 30 days. Common-law-marriage status: No, common law marriages contracted in New Jersey after December 1, 1939 are not valid. What follows is the New Jersey sequence, the documents, and the officiant rules that complete a lawful marriage.
Key Considerations
A New Jersey marriage starts with a license, and a license starts with two threshold questions: cost and age eligibility. The cost question runs to the issuing clerk: $28. See the state agency website. The age question is set by the state marriage code: A marriage or civil union license shall not be issued to a minor under the age of 18 years. Both are settled before any application is signed.
New Jersey also imposes timing rules on either side of license issuance. The waiting period (if any) controls how soon after the license is issued the ceremony can lawfully occur: 72 hours. See the state agency website. The validity window controls how long the license remains good: 30 days. Couples should calendar both dates against the planned ceremony date.
Beyond the license itself, two New Jersey rules shape what counts as a legally completed marriage. The first is whether New Jersey still permits common-law marriage at all: No, common law marriages contracted in New Jersey after December 1, 1939 are not valid. The second is the list of people who may lawfully perform the ceremony: N.J. Rev. Stat. § 37:1-13. Both are settled by statute.
Need These Documents?
DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.
Relevant Documents
The New Jersey document set runs roughly as follows: the marriage-license application (filed with the county or town clerk), identification for each applicant, and the premarital-course completion certificate where one is being used to claim a discount or waiver. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Marriage-license fee collection in New Jersey happens at the counter when the application is filed, and the clerk's office issues a receipt for the payment.
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
Submit the New Jersey marriage-license application in person at the issuing clerk's office
Before the ceremony days after starting$28. Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree.
Verify identification and any prior-marriage documents at the counter
Before the ceremony days after startingBoth applicants typically present current government photo ID; previously married applicants should bring a certified copy of the divorce decree, annulment order, or death certificate as proof the prior marriage has ended.
Confirm the license validity window before locking the ceremony date
Before the ceremony days after starting30 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply.
Where the state recognizes a premarital-course incentive, plan the course before applying
Before applying days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing.
Plan the ceremony date around the statutory waiting period
Before the ceremony days after starting72 hours. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk.
Complete the ceremony with an officiant who falls inside the New Jersey authorized-officiant list
At the ceremony days after startingN.J. Rev. Stat. § 37:1-13. An out-of-state officiant performing the ceremony inside New Jersey should be confirmed against the New Jersey list, since reciprocity is not automatic.
Make sure the officiant files the executed license back with the issuing office promptly after the ceremony
After the ceremony days after startingRecording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Submit the New Jersey marriage-license application in person at the issuing clerk's office | $28. Identification requirements typically include a current government-issued photo ID; some clerks also ask for a birth certificate or certified copy of any divorce decree. | - | Before the ceremony |
| Verify identification and any prior-marriage documents at the counter | Both applicants typically present current government photo ID; previously married applicants should bring a certified copy of the divorce decree, annulment order, or death certificate as proof the prior marriage has ended. | - | Before the ceremony |
| Confirm the license validity window before locking the ceremony date | 30 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply. | - | Before the ceremony |
| Where the state recognizes a premarital-course incentive, plan the course before applying | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing. | - | Before applying |
| Plan the ceremony date around the statutory waiting period | 72 hours. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk. | - | Before the ceremony |
| Complete the ceremony with an officiant who falls inside the New Jersey authorized-officiant list | N.J. Rev. Stat. § 37:1-13. An out-of-state officiant performing the ceremony inside New Jersey should be confirmed against the New Jersey list, since reciprocity is not automatic. | - | At the ceremony |
| Make sure the officiant files the executed license back with the issuing office promptly after the ceremony | Recording converts the license into a recorded marriage on the state's vital-records system and is what makes a certified marriage certificate available. | - | After the ceremony |
Frequently Asked Questions
72 hours. Couples planning a New Jersey ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
$28. The figure that controls is the one on the issuing clerk's current fee schedule, which the clerk applies at the counter. Couples should also ask the clerk about accepted payment methods, which sometimes exclude personal checks.
No, common law marriages contracted in New Jersey after December 1, 1939 are not valid. Couples relying on a common-law theory of marriage should be cautious: the modern default in nearly every U.S. state is that without a license and a solemnized ceremony there is no marriage, and the burden of proving an informal marriage falls on the party asserting it.
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.