This guide provides an overview of common law marriage. Topics covered include general requirements for a common law marriage, which states recognize common law marriage, and property rights and other rights of unmarried couples.
New Jersey USLegal Guide to Common Law Marriage
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FAQ
New Jersey eliminated common law marriage in 1939, and therefore couples cannot establish a common law marriage under current state law. This means that the divorce statutes that provide for spousal support and the equitable distribution of property will not apply to unmarried couples that are separating.
That was called common law marriage and it was abolished by statute in New Jersey in 1939. Since common law marriage ended, there are no longer any laws with guidelines for determining whether support should be awarded from one unmarried partner to another when their long-term relationship ends.
Common law marriage occurs when two people live together for a certain number of years (usually more than 10) and hold themselves out as married (such as by introducing the other person as your wife, or by indicating you are married on legal paperwork).
No. In 1939, New Jersey passed a law that eliminated common-law marriage. Any common-law marriage entered before December 1, 1939 would still be considered valid, but not going forward. For the full text of the law abolishing common-law marriage in New Jersey, see N.J.S.A.
New Jersey law does not provide unmarried cohabitants with the same rights as married cohabitants. Although the two types of relationships may have identical commitment, stability and social utility, New Jersey law treats them unequally.
According to cohabitation laws in New Jersey, cohabitation is a "mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or a civil union."
What is Common Law Marriage? A common-law marriage occurs when a couple have been living together for a sufficiently long time, holding themselves out as married to friends, family, and the public, but without having ever gone through an official ceremony or having obtained a state marriage license.
Does New Jersey Recognize Common-Law Marriage? No. In 1939, New Jersey passed a law that eliminated common-law marriage. Any common-law marriage entered before December 1, 1939 would still be considered valid, but not going forward.