Complete Guide to Matrimonial Laws in NJ

Congratulations! You’re engaged and ready to embark on a beautiful journey together. Before you tie the knot, understand your union’s legal framework. Doing so helps you build a more secure future together.

New Jersey has comprehensive laws covering marriages, civil unions, and domestic partnerships. This guide will help you handle these laws with confidence.

Table of Contents

Why Understanding Matrimonial Law Matters

Marriage is more than a romantic commitment—it’s a legal contract with significant implications for your:

Financial rights and responsibilities
Property ownership and inheritance
Healthcare decision-making authority
Tax obligations and benefits

Knowing these legal aspects helps you make informed decisions as you begin your life together.

Getting Married in New Jersey

Marriage License Requirements

To get a marriage license in New Jersey, you’ll need to apply in the municipality where either of you resides. If you live out of state, apply where the ceremony will take place. You must provide the following:

government-issued identification
proof of residency
your social security number
an 18+ witness
$28 application fee.

Remember that there’s a mandatory 72-hour waiting period after submitting your application. Your license remains valid for six months.

Legal Age and Marriage Eligibility

In New Jersey, both parties must be at least 18 years old to marry. Also, neither person can be in an existing marriage, civil union, or domestic partnership in the state.

Authorized Wedding Officiants

The following officiants can perform your wedding ceremony:

Superior Court judges (handling major civil and criminal cases)
federal judges (presiding over federal law cases)
municipal court judges (managing local ordinance violations)
mayors and other municipal officials
religious ministers and clergy
other authorized officials

Each officiant type has different levels of authority, which may influence your choice for your ceremony.

Marriage Equality Protections

New Jersey has enshrined same-sex marriage into law. This means that all marriages receive equal legal protections regardless of gender. All couples enjoy specific protections under New Jersey law.

Civil Unions and Domestic Partnerships

Civil Unions

Established in 2007, civil unions in New Jersey provide couples with almost the same legal benefits as marriage. These include inheritance rights and medical decision-making authority. State tax benefits and exemptions, and insurance coverage and benefits are also included.

To register a civil union, follow a process like marriage license applications, with the same $28 fee and waiting periods.

Domestic Partnerships

Domestic partnerships are now available only to same-sex couples registered before 2007 and opposite-sex couples where both partners are 62+ years old. These partnerships offer limited benefits, like hospital visitation and certain state tax considerations.

Tax Implications of Different Union Types

Partners in civil unions enjoy many of the same New Jersey tax advantages as married couples. These include joint property tax filings, inheritance tax exemptions, and estate planning benefits. Yet, federal tax treatment may differ, making consultation with a financial advisor valuable.

Legal Considerations Before Marriage

Prenuptial Agreements in New Jersey

A prenuptial agreement protects pre-marital assets and establishes clear financial arrangements. These agreements can address:

Protection of business interests and investments
Division of property acquired during marriage
Spousal support parameters and limitations
Debt responsibility allocation between partners

For these agreements to be enforceable, both parties should have independent legal representation and full financial disclosure.

Property and Asset Division Principles

New Jersey follows equitable distribution laws. This means marital assets are divided fairly but not necessarily equally in a divorce.

Proceedings consider the marriage’s duration, each spouse’s financial situation, contributions to marital assets, and health/age.

Understanding these principles helps set realistic expectations about property rights.

Legal Name Changes After Marriage

If you plan to change your name after marriage, you must update your driver’s license at the DMV and change your Social Security records. Changing passport information, and notifying banks, employers, and other institutions are also required. Your marriage certificate serves as the legal basis for these changes.

Dissolving a Marriage or Legal Union

Grounds for Divorce in New Jersey

New Jersey recognizes both no-fault and fault-based divorce grounds. No-fault includes irreconcilable differences lasting six months or more. Fault-based grounds include adultery, abandonment, extreme cruelty, and substance abuse.

You must be a New Jersey resident for at least one year before filing, except in cases of adultery.

Mediation and Alternative Dispute Resolution

New Jersey courts encourage mediation before litigation. This process offers less adversarial negotiations and lower legal costs. Participants also enjoy more control over the outcome and faster resolution timeframes. Many couples find this approach less stressful than traditional court proceedings.

Dissolution of Civil Unions and Domestic Partnerships

Ending a civil union follows procedures similar to divorce. Courts apply the same equitable distribution principles in this situation. Domestic partnerships require filing a formal termination request with the Superior Court.

Financial Consequences of Relationship Dissolution

Divorce and union dissolution carry significant financial implications:

Tax implications for alimony payments and asset transfers
Special requirements for dividing retirement accounts
Property tax consequences from real estate transfers
Potential capital gains tax on investment liquidation

Consulting with both legal and financial professionals helps navigate these complexities.

When to Consult a Matrimonial Attorney

A qualified matrimonial attorney in NJ can provide invaluable help. They can:

draft/review prenuptial agreements
handle asset division
address child custody concerns
mediate high-conflict divorce situations
manage businesses or significant property interests.

Look for an attorney with specific experience in New Jersey matrimonial law. They should also have a track record of successful client outcomes.

NJ Matrimonial Law FAQs

How long does the divorce process take in New Jersey?

The timeline varies based on complexity and cooperation. Uncontested divorces may resolve in 2-6 months. Contested cases can take 1-2 years or longer.

Can I get married the same day I apply for a marriage license in NJ?

No. New Jersey requires a 72-hour waiting period after application submission. The license becomes valid after this period expires.

Is New Jersey a community property state?

No. New Jersey follows equitable distribution laws. Division of assets is fair, but not always equal during divorce.

Do I need a lawyer to create a valid prenuptial agreement?

No, legal representation isn’t required. But, having independent legal representation makes the courts more likely to uphold the agreement.

How are retirement accounts handled during a New Jersey divorce?

Retirement assets acquired during marriage are usually subject to division. A specialized court order called a Qualified Domestic Relations Order (QDRO) is often needed to divide these accounts without tax penalties.

Secure Your Future with Legal Knowledge

Understanding New Jersey’s matrimonial laws provides the foundation for a sound marriage. By familiarizing yourself with these regulations, you make informed decisions that protect your interests.

You might still have specific questions about your rights, responsibilities, or legal options. If so, speak to a trusted matrimonial attorney who specializes in New Jersey family law.