New Jersey, like many states, once recognized common-law marriage, but that's no longer the case. Understanding the history and current legal standing of common-law marriage in NJ is crucial for anyone considering a marriage or facing legal issues related to property or inheritance. This guide will clarify the situation and answer common questions surrounding this topic.
What is Common Law Marriage?
Common-law marriage, also known as informal marriage, is a legal union without a formal marriage ceremony. Historically, it was recognized in several states, including New Jersey, based on the couple's agreement to be married, cohabitation, and public representation of themselves as a married couple. Essentially, the couple lived together and presented themselves as husband and wife to the community, signifying their intent to be married. This often meant shared finances, joint tax returns, and similar actions that implied marriage in the eyes of the law.
Does New Jersey Recognize Common-Law Marriages Formed Before a Certain Date?
No, New Jersey does not currently recognize common-law marriages. The ability to enter into a common-law marriage in New Jersey officially ended on September 1, 2009. Any couples who established a common-law marriage before this date may still have their marriage legally recognized, provided they meet the criteria established under the old law. However, establishing this requires legal action and proof of the existence of the informal marriage. This is often challenging and requires extensive documentation.
What if my parents or grandparents had a common-law marriage in NJ before 2009?
If a common-law marriage was established before September 1, 2009, the marriage remains legally valid for inheritance and property distribution purposes. However, it is crucial to have legal documentation or strong evidence to prove the existence of such a union. This documentation might include shared financial documents, joint tax returns, witness testimonies, or other evidence that the couple presented themselves as husband and wife. Consulting with an experienced estate attorney in New Jersey is vital in such situations to ensure the proper legal recognition of the marriage and fair distribution of assets.
How Do I Prove a Common-Law Marriage in NJ (For Marriages Before 2009)?
Proving a common-law marriage formed before September 1, 2009, requires significant evidence. You need to demonstrate:
- Cohabitation: Evidence of living together continuously as a couple. This could include utility bills, lease agreements, or witness testimony.
- Agreement to Marry: Proof that both partners agreed to be married, even without a formal ceremony. This might come from testimony, letters, or other documentation.
- Public Representation: Demonstration that the couple held themselves out to family, friends, and the community as husband and wife. This could include joint bank accounts, shared assets, or witness testimony confirming their public portrayal as a married couple.
This process is complex and requires legal expertise. It's advisable to seek legal counsel from an experienced New Jersey family law attorney who specializes in proving common-law marriages.
What are the legal consequences of not having a formal marriage?
Failing to formalize a marriage can have significant consequences, especially regarding:
- Inheritance: Spouses in a legally recognized marriage inherit from each other. Without a formal marriage, inheritance laws may not provide the same protections.
- Healthcare Decisions: Legally married spouses have rights to make medical decisions for each other.
- Taxes: Married couples file joint tax returns, while unmarried partners file separately, often resulting in higher tax burdens.
- Property Rights: In the absence of a formal marriage, determining ownership of property and assets can become legally complex and contentious.
Can I get married in New Jersey now?
Yes. New Jersey now requires a formal marriage ceremony performed by an authorized officiant. This ensures clear legal recognition of the marriage and avoids the complexities and challenges associated with proving common-law marriage. The process is straightforward and involves obtaining a marriage license and having the ceremony performed according to state regulations.
In conclusion, while New Jersey no longer recognizes common-law marriages formed after September 1, 2009, understanding the history and legal implications of this type of union is vital. If you have questions about a pre-2009 union or need guidance on current marriage laws, consulting a qualified legal professional in New Jersey is strongly recommended.
