New Jersey, like many other states, once recognized common-law marriages. However, New Jersey no longer recognizes common-law marriages formed after January 1, 2009. This means that couples who entered into a relationship before that date might still be considered legally married under common-law principles, but no new common-law marriages can be established in the state. This change in the law significantly impacts couples' rights and legal standing. This comprehensive guide will clarify the nuances of this legal landscape.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal relationship where a couple is considered married without obtaining a marriage license or having a formal ceremony. Historically, it was recognized in many states as a valid form of marriage based on the couple's intent to be married and their cohabitation. The requirements varied by state, but generally included:
- Cohabitation: Living together as husband and wife.
- Presentation to the Public: Presenting themselves to others as a married couple.
- Mutual Agreement: A clear and mutual agreement between the couple to be married.
When was Common-Law Marriage Abolished in NJ?
As mentioned earlier, New Jersey abolished the ability to enter into a new common-law marriage effective January 1, 2009. This means that any couple who began living together as husband and wife after this date cannot claim to be legally married under common-law principles in New Jersey.
What Happens if a Couple Was in a Common-Law Marriage Before 2009?
Couples who began cohabitating and meeting the requirements for common-law marriage before January 1, 2009, might still be considered legally married in New Jersey. However, proving the existence of such a marriage can be complex and often requires substantial evidence. This evidence could include:
- Witness Testimony: Statements from friends, family, or neighbors who can attest to the couple's presentation as a married couple.
- Joint Bank Accounts: Shared financial accounts demonstrating a joint economic life.
- Tax Returns: Filing joint tax returns as a married couple.
- Joint Property Ownership: Proof of owning property jointly.
- Written Agreements: Any documentation explicitly stating their intent to be married.
How is a Common-Law Marriage Proven in Court?
Proving a common-law marriage in New Jersey, even for those who began their relationship before 2009, requires a strong legal strategy and substantial evidence. It's crucial to consult with an experienced family law attorney to gather the necessary documentation and prepare a compelling case. The burden of proof rests on the couple claiming the common-law marriage. A judge will assess all the available evidence to determine whether the couple met the legal requirements for a common-law marriage before the law changed.
What are the Legal Implications of a Common-Law Marriage?
The legal implications of a common-law marriage in New Jersey are similar to those of a formally recognized marriage. This includes rights and responsibilities concerning:
- Spousal Support (Alimony): In the event of separation or divorce.
- Child Support: If children are involved.
- Division of Property: During separation or divorce.
- Inheritance Rights: Upon the death of a spouse.
- Healthcare Decisions: The ability to make medical decisions for a spouse.
What if I'm Unsure if My Relationship is a Common-Law Marriage?
Navigating the complexities of common-law marriage can be challenging. If you are unsure of your legal status, seeking legal counsel is strongly recommended. An experienced family law attorney can assess your specific circumstances and advise you on the best course of action. This is particularly crucial if you are considering separation, divorce, or estate planning.
Conclusion
While New Jersey no longer allows for the creation of new common-law marriages, understanding the legal ramifications for those relationships established before January 1, 2009, remains vital. The information presented here is for educational purposes and does not constitute legal advice. Consulting a qualified attorney is essential for any individual facing legal questions surrounding common-law marriage in New Jersey.
