What Is Common Law Marriage in NJ?

Common law marriage is a type of legal recognition of a relationship that is formed without a formal ceremony or marriage license. In New Jersey, common law marriage is not recognized by the state. However, there are certain circumstances in which New Jersey courts may recognize a common law marriage that was established in another state.

To be considered in a common law marriage, certain criteria must be met. These include:

1. Mutual Agreement: Both partners must agree to be in a committed relationship and hold themselves out as a married couple.

2. Cohabitation: The couple must live together as if they were married.

3. Public Recognition: The couple must present themselves as married to family, friends, and the community.

4. Intent: Both partners must have the intent to be married and consider themselves as such.

5. Length of Time: The couple must have lived together for a significant period, usually several years.

It is important to note that simply living together or having children together does not automatically result in a common law marriage in New Jersey.

9 FAQs About Common Law Marriage in NJ:

1. Can I establish a common law marriage in New Jersey?
No, New Jersey does not recognize common law marriages established within the state.

2. Can I establish a common law marriage in another state and have it recognized in New Jersey?
Yes, if you establish a common law marriage in a state that recognizes it, and you later move to New Jersey, the state may recognize your marriage.

3. How long do I need to live together to be considered in a common law marriage?
There is no specific time requirement, but generally, a couple must live together for a significant period, usually several years.

4. Can I receive spousal support or alimony if I was in a common law marriage?
If your common law marriage is recognized in New Jersey, you may be entitled to spousal support or alimony.

5. Do I have the same legal rights as a legally married couple if I am in a common law marriage?
If your common law marriage is recognized in New Jersey, you may have similar legal rights as a legally married couple.

6. Can I file taxes jointly if I am in a common law marriage?
If your common law marriage is recognized in New Jersey, you may be able to file taxes jointly.

7. Can I inherit property from my partner if we were in a common law marriage?
If your common law marriage is recognized in New Jersey, you may have inheritance rights similar to a legally married spouse.

8. Can I obtain a divorce if I was in a common law marriage?
If your common law marriage is recognized in New Jersey, you may be able to obtain a divorce through the court system.

9. How can I prove that I was in a common law marriage?
If you were in a common law marriage established in another state, you may need to provide evidence such as affidavits, witness statements, or other documentation to prove the existence of your marriage.

While common law marriage is not recognized in New Jersey, it is important to consult with an experienced family law attorney to understand your legal rights and options if you believe you may be in a common law marriage established in another state.