Legal Question in Family Law in New Jersey

Re: common law maraige

NJ does not recognize common-law marriages formed after 1939 in New Jersey. So if they weren't living together in 1939, and only lived in NJ they are not common law married.

� 37:1-10. Common law and other marriages without license; validity

Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before December first, nineteen hundred and thirty-nine, invalid by reason of the failure to take out a license as herein provided. But no marriage contracted on and after December first, nineteen hundred and thirty-nine, shall be valid unless the contracting parties shall have obtained a marriage license as required by section 37:1-2 of this Title, and unless, also, the marriage, after license duly issued therefor, shall have been performed by or before any person, religious society, institution or organization authorized by section 37:1-13 of this Title to solemnize marriages; and failure in any case to comply with both prerequisites aforesaid, which shall always be construed as mandatory and not merely directory, shall render the purported marriage absolutely void.

N.J. Stat. � 37:1-10

Re: common law maraige

There is no common law marriage in New Jersey.

I understand that you have some problems having something to do with the person that you are living with. I am also going to guess that there are some important issues, problems that you are trying to deal with.

I suggest very strongly that you find a divorce attorney (this area is divorce type law). Get some legal advice before you take any action.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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