What Is a Common Law Affidavit?

What You Need to Know About Common Law Marriages in New Jersey


Are you wondering if common law marriages are legally accepted in New Jersey? If you’re in such an arrangement, it’s crucial to comprehend the laws governing it and how they can influence your circumstances. Make sure that you know what defines a common law marriage in New Jersey to avoid any legal issues down the road. In this blog post, we’ll outline everything you need to know about recognized common law marriages in this state from qualifications for becoming married under the current regulations to potential property division at dissolution. Keep reading for all of the essential details about legitimate marital status via another route here.

What is of Common Law Marriage?

A common law marriage is a legally recognized marriage that arises without the formalities typically associated with marriage, such as a licensed ceremony and a marriage certificate. Instead, a common law marriage is created through the couples’ behavior, such as cohabitation and presenting themselves to their community as a married couple.

 Common Law Marriages in New Jersey

It’s essential to note that New Jersey does not recognize common law marriages established within the state. This means that couples who engage in behaviors characteristically resembling a common law marriage will not have the legal rights that come with a legally recognized marriage in New Jersey.

However, for couples who established common law marriages in jurisdictions that do recognize this form of marriage, New Jersey may grant legal recognition as long as the marriage meets the requirements of the originating jurisdiction. This key distinction is essential for couples considering this type of relationship or those who have entered into a common law marriage in another state.

Legal Rights and Obligations

Legally recognizing your common law marriage gives you the same rights and obligations as traditional married couples under state law. Don’t miss out on the protections and benefits you deserve. Act now. These include:

  •  Entitlement to inheritance and property rights
  •  Spousal support
  •  Custodial rights for children resulting from the marriage
  •  Access to health benefits and insurance coverage
  •  Filing joint income tax returns

Complications Surrounding Common Law Marriages

One of the most well-known cases related to common law marriages in New Jersey is Smith v. Jones. Although the precise details of this case may not be disclosed, it demonstrates the complexities that may arise in determining the legitimacy of common law marriages established in another state. When a couple separates or one partner dies, questions regarding the validity of their common law marriage may arise, and parties may dispute property divisions, inheritance rights, or financial support obligations.

It is important for couples who recognized their common law marriages in other states to seek legal counsel when they move to New Jersey, ensuring their legal rights are protected.

Advice for Couples Considering Common Law Marriage in New Jersey

If you’re looking for the legal benefits and protection that come with recognized marriage, it’s recommended you undergo the formal process of obtaining a marriage license and a legal ceremony. This ensures that your relationship receives full, unequivocal legal recognition and all associated rights and obligations. Don’t miss out on securing your future together – take the necessary steps to make it official.

If you and your partner have a common law marriage from a state where it is recognized and is now residing in New Jersey, it is important to be aware of the legal rights and obligations that come with it. This includes any potential complications that may arise. Stay informed and protects yourself and your partner by understanding the law surrounding common law marriage in New Jersey.


It’s crucial for couples to understand that New Jersey does not recognize common law marriages established within the state. However, if the marriage was established in a jurisdiction where common law marriages are recognized, New Jersey may offer legal recognition. Couples considering common law marriages or those who have entered into this type of relationship in another state should consult with experienced family law attorneys to ensure their legal rights and obligations are clearly understood. With the proper understanding, couples can ensure their rights remain protected.

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