Common Law Marriage in New Jersey
State-specific overview · Family Law
New Jersey does not recognize common law marriage created after 1939, but honors pre-1939 common law marriages and those validly created elsewhere.
How New Jersey treats Common Law Marriage
New Jersey abolished common law marriage effective December 1, 1939, so no new common law marriages can be established in the state. However, New Jersey recognizes common law marriages that were validly established before that date and still honors common law marriages created in other states. Couples cohabiting in New Jersey without a formal license and ceremony have no automatic marital rights or protections.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.