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Issue: What is the status of common law marriage in New Jersey?
| Area of Law: | Family Law |
| Keywords: | Common-law marriage; Legally recognized |
| Jurisdiction: | New Jersey |
| Cited Cases: | 19 N.J. 443; 47 N.J. Super. 215; 61 A.2d 497; 117 A.2d 508; 79 A.2d 722; 1 N.J. 1 |
| Cited Statutes: | N.J. Stat. Ann. § 37:1-10 |
| Date: | 02/01/2001 |
New Jersey abolished common law marriage in 1939. N.J. Stat. Ann. § 37:1-10; Dacunzo v. Edgye, 19 N.J. 443, 117 A.2d 508 (1955). Those common law marriages existing before 1939 are still effective. N.J. Stat. Ann. 37:1-10; Smith v. Hrzich, 1 N.J. 1, 61 A.2d 497 (1948).
New Jersey recognizes common law marriages from other states but scrutinizes them carefully. Jordan v. Mohan, 12 N.J. Super. 376, 79 A.2d 722 (1951). In examining the validity of a common law marriage, the state looks for two essentials: (1) the capacity of the parties and (2) their mutual consent to presently become husband and wife. Winn v. Wiggins, 47 N.J. Super. 215, 135 A.2d 673 (1957).
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