By Are you aware that you can have your very own Common Law Marriage in New Jersey? Yes, you can.
Although the state does not recognize a common-law marriage, you can still have a valid common-law marriage. Moreover, you can do it without being officially married.
Contrary to common belief, New Jersey does not offer any provision or rule for the common law marriage of its citizens.
Only the states of Alabama, Colorado, Montana, Iowa, Kansas, Rhode Island, New Hampshire, South Carolina, and Texas recognize common-law marriage.
However, if you and your partner live in New Jersey, a common-law marriage may not be entirely impossible. It could even happen without leaving the state.
Are you curious about how to establish common-law marriage in New Jersey? Keep reading!
What Is Common Law Marriage?
Common law marriage is basically the legal or official version of a live-in relationship. Here, two people, who are a couple live together like spouses.
Ideally, custom shows that they have been living together for a specific number of years. For example, for a lot of states, you need to have lived together for over 10 years.
In a common law marriage, the partners consider themselves to be married. Moreover, they also publicly present themselves as such.
For example, you may be introducing your partner in a common-law marriage as your wife.
Thus, even though there is no legal paperwork or social ceremony, it is a marriage. Therefore, the annulment of marriage or the method of how to file for divorce will also be similar.
The basic idea behind a common law marriage is as follows. When partners live together and act as though they are married, the law should give them recognition.
Is Common Law Marriage in New Jersey Legally Recognized?
As of 21st November 2023, Common law marriage provisions are not present in New Jersey law.
However, some sources do claim otherwise. According to them, any common-law marriages that partners entered into before 1st January 2004 enjoy validity.
Moreover, even if such marriage does not satisfy the basic requisites, it would be a recognized marital union. However, the partners should have been living together for a certain time (preferably 10 years).
When Was “Common Law Marriage” Legal In “New Jersey” Historic Data?
Well, yes, common law marriage in New Jersey was once upon a time legal. Before 1939, common law marriage in New Jersey was indeed legal. However, post-1939, partners in New Jersey should get officially married under state laws.
Are There Any Alternatives To Common Law Marriage In New Jersey?
New Jersey laws do not formally recognize common-law marriages. However, the laws here do offer a legal alternative.
Thus, Common Law Marriage in New Jersey is possible through Cohabitation.
Cohabitation: The Common Law Marriage Of New Jersey
In New Jersey law, cohabitation is the “mutually supportive, intimate personal relationship” of partners. Here, the actions, behavior, rights, and responsibilities of the couple are similar to those of a married couple.
However, civil unions or marriages afford you greater rights and duties than common-law marriages in New Jersey.
Therefore, common law does not have any recognition in NJ. Cohabitation, on the other hand, is what best describes common-law marriage.
What Are The Rights And Limitations Of Cohabitation In New Jersey?
The rights and limitations of cohabitation, the alternative to common law marriage in New Jersey, are.
Rights
Cohabitation makes way for a close and supportive relationship, much like civil unions or marriages.
Opposite-sex couples over 62 can form a domestic partnership.
Limitations
Cohabitation does not grant you the exact same benefits as that of a civil union or a marriage. For example, there are no tax breaks or medical care provisions.
To access legal benefits, couples must be married. Or else they can be in a civil union or a domestic partnership.
Younger couples, both opposite-sex and same-sex, have to legalize their union through marriage or civil union. Otherwise, they will face difficulty in getting legal benefits.
Domestic partnerships have age restrictions.
FAQs
Now, let us get to answering some of the most common questions.
Q1: How long has common law marriage lasted in New Jersey?
New Jersey does not legally recognize common law marriage. However, persons who cohabit as husband and wife should live together for three years, minimum. This only ends when either of them is deceased, or they get married.
However, Common law marriages are valid in states with recognition until the partners terminate them. To terminate, they have to provide evidence of severing all ties.
Q2. How many years has common law marriage lasted in New Jersey?
As we mentioned before, Common law marriage does not enjoy recognition in New Jersey. Cohabitation enjoys validity in NJ until the partners terminate it. To terminate, they have to provide evidence of severing all ties.
Q3. What is a common law marriage in New Jersey for estate taxes?
In New Jersey, there’s no common-law marriage. Therefore, it leads to differences in the rights and benefits of unmarried couples. This shows up, especially in estate planning.
To Conclude
Thus, we reach an end to our article on common law marriage. The answer to “What constitutes common law marriage in New Jersey?” is “nothing.” NJ does not recognize common law marriage but allows cohabitation instead.
You can terminate common law marriages. To end one, it’s similar to ending a regular marriage. However, there’s no need to file for divorce as you would with a legally recognized marriage.
Instead, you have to show proof that the relationship has ended. You have to show the termination of all legal connections, like changing bank accounts and insurance, etc.
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