The question of whether New Jersey recognizes common-law marriage is a complex one, often leading to confusion. While New Jersey used to recognize common-law marriages, it no longer does for couples entering into a relationship after January 1, 2009. This means that couples who began living together as husband and wife after that date cannot claim common-law marriage status in New Jersey.
However, the situation is not so straightforward. The state does still recognize valid common-law marriages that were established before January 1, 2009. This means that certain pre-existing unions formed under the old rules may still hold legal weight. Understanding the distinctions is crucial.
What Constitutes a Valid Common-Law Marriage in New Jersey (for those established before 1/1/2009)?
To be considered a valid common-law marriage in New Jersey for couples who entered the relationship before January 1, 2009, the following conditions must have been met:
- Cohabitation: The couple must have lived together as husband and wife. This is not just casual cohabitation; it implies a commitment to a marital-like relationship.
- Capacity: Both partners must have been legally competent to enter into a marriage. This means they were of legal age and not already married to someone else.
- Mutual Agreement: The couple must have mutually agreed to be married. This agreement doesn't have to be formal or witnessed. Evidence of this agreement is key in proving common-law marriage.
- Representation to Others: The couple must have represented themselves to others as husband and wife. This can be shown through things like joint bank accounts, filing taxes jointly, or introducing each other as spouses.
Proving a common-law marriage established before 2009 requires substantial evidence. This could include witness testimony, financial records, letters, and other documentation showing the couple lived and presented themselves as married.
What Happens if a Couple Separates After a Long-Term Relationship in New Jersey?
Regardless of whether a couple was in a common-law marriage or a formal marriage, separation can lead to significant legal ramifications, especially concerning asset division and child custody. In these situations, it's crucial to consult with an experienced family law attorney. They can help navigate the complexities of separation and divorce, particularly for those whose relationships predate the 2009 law changes.
What if I started living with my partner after January 1, 2009?
If you began cohabitating with your partner after January 1, 2009, your relationship is not considered a common-law marriage under New Jersey law, regardless of how long you’ve been together or how you present yourselves to others. To gain the legal rights and protections afforded to married couples, you must enter into a formal marriage ceremony.
How can I prove a common-law marriage in New Jersey (if applicable)?
As mentioned earlier, proving a common-law marriage (established before 2009) requires strong evidence. This evidence should clearly demonstrate the three elements: cohabitation, mutual agreement, and representation to others. Gathering and organizing this evidence is crucial and may require legal counsel.
What are the legal implications of common-law marriage in NJ?
For those in valid common-law marriages (established before 2009), the legal implications are similar to those of formal marriages. These implications extend to inheritance rights, spousal support, and the division of assets in the event of separation or death.
In conclusion, understanding New Jersey's stance on common-law marriage requires carefully considering the date the relationship began. While the state no longer recognizes new common-law marriages formed after January 1, 2009, existing ones established prior to that date remain legally valid, but proving this requires substantial evidence. Seeking legal counsel is highly recommended for those navigating these complex situations.
