New Jersey Wedding Laws
The Garden State might be on the smaller side, but it offers couples plenty of unique destinations to tie the knot. However, some of the laws surrounding marriage in the state of New Jersey can come across as confusing to couples. To make life a bit easier for those wishing to wed in N.J., the Universal Life Church Ministries has put together a guide covering all the ins and outs of marriage law. Review these points and prepare for a perfect Jersey wedding.
How to Become a Wedding Officiant in New Jersey
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Local Registrar
- Latest Document(s) Submission Date Allowed:
- Varies by County
- Minister I.D. # Issued:
- No
The requirements for the officiant in New Jersey are somewhat broad. The state recognizes both religious and civil figures who have been given authority to solemnize weddings by a larger institution. This includes religious officiants like priests and ministers, as well as judges and other representatives of the municipality.
Officiants who have been given their status by the Universal Life Church are considered religious actors. In some cases, ULC ministers will need to show that they have official paperwork confirming their official status. In order to provide all that a minister might require, the ULC offers a Classic Wedding Package for New Jersey officiants that includes all necessary paperwork.
N.J. Rev. Stat. §37:1-13 Authorization to solemnize marriages and civil unions.
a. Authorization to solemnize marriages and civil unions.
Each judge of the United States Court of Appeals for the Third Circuit, each judge of a federal district court, United States magistrate, judge of a municipal court, judge of the Superior Court, judge of the Tax Court, administrative law judge, retired judge of the Superior Court or Tax Court, retired administrative law judge, or judge of the Superior Court or Tax Court, the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing, surrogate of any county, county clerk, and any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, every member of the clergy of every religion, and any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every religious society, institution or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.
b. (...)
Getting Married in New Jersey
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 2
- Min. Age of Witnesses:
- None
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
There are no major restrictions in New Jersey when it comes to how a wedding ceremony is conducted. The couple can include whatever religious or spiritual customs they wish in order to bring their special day to life. The only requirement by the state is that both members of the marrying couple are physically present at the event. Additionally, the couple must make a declaration of consent regarding the union in front of at least two witnesses and the officiant.
N.J. Rev. Stat. § 37:1-17. Marriage or civil union license; information provided.
On the marriage or civil union license shall be the form for the certificate of marriage or civil union in quadruplicate, to which the licensing officer shall have set forth particularly therein the name, age, parentage, birthplace, residence, Social Security number and domestic status of each party, whether single, widowed, divorced, or a former civil union or domestic partner and the names and county of birth of their parents. The Social Security number shall be kept confidential and may only be released for child support enforcement purposes, and shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). The person by whom or the religious society, institution, or organization by or before which, the marriage or civil union was solemnized, shall personally or by legally authorized agent subscribe where indicated on the form the date and place of the marriage or civil union. Each certificate of marriage or civil union shall also contain the signature and residence of at least two witnesses who were present at the marriage or civil union ceremony.
Amended 1980, c.128, s.1; 1998, c.1, s.45; 2002, c.88, s.3; 2006, c.103, s.20.
How to Get a New Jersey Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in New Jersey
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $28.00
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
To obtain a marriage license in N.J., the couple must visit the town/municipal clerk or state registrar to receive an application. The state requires both members of the couple to be physically present at the time of requesting the application, though an attorney-in-fact can fill in as a substitute in certain circumstances. Again, those who are not official residents of New Jersey will need to visit the town/municipal clerk where their ceremonies will be held to receive an application.
The state requires applicants to bring photo identification and at last one other item to verify identities. The cost of the application is consistent between counties, currently sitting at $28.
N.J. Rev. Stat. § 37:1-2. Necessity of marriage or civil union license; "licensing officer" defined.
Before a marriage or a civil union can be lawfully performed in this State, the persons intending to be married or to enter into a civil union shall obtain a marriage or civil union license from the licensing officer and deliver it to the person who is to officiate.
In the case of persons intending to be married or to enter into a civil union pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), one of the persons intending to be married or to enter into a civil union and the attorney-in-fact for the other person shall obtain a marriage or civil union license and deliver it to the person who is to officiate.
If the marriage or civil union is to be performed by or before any religious society, institution or organization, the license shall be delivered to such religious society, institution or organization, or any officer thereof.
As used in this chapter, "licensing officer" means, as to cities of the first class, the city clerk; as to other municipalities, the State registrar; or the deputy of any said official designated by him to issue licenses during his absence.
amended 2006, c.103, s.7; 2011, c.179, s.2.
N.J. Rev. Stat. § 37:1-3. Where marriage or civil union license to be obtained.
The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.
Amended 2006, c.103, s.8.
Applying For a Marriage License in New Jersey
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 72 Hours
- License Valid For:
- 30 Days
- License Must Be Submitted:
- Within 5 Days of Ceremony
Once a couple receives the application for a license, New Jersey state law requires that they wait a minimum of 72 hours before they can receive the license. However, this waiting period can be waived by following the proper channels through a Superior Court. When picking up the marriage license, the couple must bring along one individual of legal age to act as a witness to the transaction. At this point, the couple becomes solely responsible for getting the license to their officiant in order for it to be completed after the ceremony.
After the wedding is conducted, the officiant must bring the completed license back to the town/municipal clerk or state registrar where it was issued. This must be done within 5 days of the ceremony in order for the license to be considered valid.
N.J. Rev. Stat. § 37:1-4. Issuance of marriage or civil union license, emergencies, validity.
The marriage or civil union license shall not be issued by a licensing officer sooner than 72 hours after the application therefor has been made; provided, however, that the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license.
A marriage or civil union license, when properly issued as provided in this article, shall be good and valid only for 30 days after the date of the issuance thereof.
amended 1946, c.185, s.1; 1953, c.34, s.1; 1955, c.61; 1991, c.91, s.366; 2006, c.103, s.9; 2018, c.42, s.1.
N.J. Rev. Stat. § 26:8-41 Transmission of marriage and civil union licenses and certificates, power of attorney.
Every person or religious society, institution or organization solemnizing a marriage or civil union shall, within 5 days thereafter, transmit the certificate of marriage or civil union and the marriage or civil union license to the local registrar of the registration district in which the marriage or civil union occurs or to the clerk of the county board of health. In the case of marriages or civil unions performed pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), the person or religious society, institution or organization solemnizing the marriage or civil union, in addition to transmitting the certificate of marriage or civil union and the marriage or civil union license , shall also transmit the power of attorney.
The local registrar or clerk of the county board of health shall stamp every certificate of marriage or civil union so received with the date of its receipt and the name of the registration district in which it is filed.
amended 1965, c.78, s.59; 2006, c.103, s.44; 2011, c.179, s.1.
New Jersey Marriage Requirements
- Min. Age of Couple:
- Age 18
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
The requirements for a couple looking to walk down the aisle together in New Jersey are somewhat straightforward. Same-sex couples, both residents and out-of-state visitors, are permitted to wed. However, non-residents must apply for a license in the town/municipality where the ceremony will be conducted. New Jersey law forbids marriage between any individuals under 18 years of age, regardless of parental consent.
Additionally, it is illegal to marry anyone considered a relative, which can include siblings, dependents, ancestors, or first cousins. It does not matter if the individuals are related by blood or through legal union.
N.J. Rev. Stat. § 37:1-1. Certain marriages or civil unions prohibited.
a. A man shall not marry or enter into a civil union with any of his ancestors or descendants, or his sister or brother, or the daughter or son of his brother or sister, or the sister or brother of his father or mother, whether such collateral kindred be of the whole or half blood.
b. A woman shall not marry or enter into a civil union with any of her ancestors or descendants, or her sister or brother, or the daughter or son of her brother or sister, or the sister or brother of her father or mother, whether such collateral kindred be of the whole or half blood.
c. A marriage or civil union in violation of any of the foregoing provisions shall be absolutely void.
Amended 2006, c.103, s.6.
N.J. Rev. Stat § 37:1-3. Where marriage or civil union license to be obtained.
The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.
Amended 2006, c.103, s.8.
N.J Rev. Stat § 37:1-6. A marriage or civil union license shall not be issued to a minor under the age of 18 years.
. amended 1946, c.185, s.3; 1953, c.34, s.2; 1977, c.60; 1991, c.91, s.367; 2006, c.103, s.10; 2013, c.103, s.105; 2018, c.42, s.3.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
The final steps of the process occur once the ceremony has come to an end. Upon the completion of the declaration of consent and related rituals, the officiant must fill out the rest of the license along with the couple. It is up to the minister and the couple to look over all of the paperwork and determine if any lines have been left blank. Once the entirety of the license has been completed, it must be brought back to the clerk or registrar where it was initially issued. The documents must be returned to the office within 5 days of the completion of the ceremony in order for the license to be considered valid.
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