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Common Law Marriage in New Jersey

New Jersey does not allow new common law marriages: marriages on and after December 1, 1939 need a license and a ceremony.

Last checked . General information, not legal advice.

New Jersey at a glance

New common law marriages allowed
No, abolished
Cutoff date
December 1, 1939
Common law marriages contracted before December 1, 1939 are not invalidated for lack of a license.
Requirements
Not available; license and ceremony required
Marriages on and after December 1, 1939 without a license and an authorized officiant are absolutely void.

Sources

Last checked

The rules in New Jersey

Can a couple form a common law marriage in New Jersey today?

No, abolished. New common law marriages allowed in New Jersey: no, abolished.

When did New Jersey stop recognizing new common law marriages?

Cutoff date in New Jersey: December 1, 1939. Common law marriages contracted before December 1, 1939 are not invalidated for lack of a license.

What are the requirements for a common law marriage in New Jersey?

Requirements in New Jersey: Not available; license and ceremony required. Marriages on and after December 1, 1939 without a license and an authorized officiant are absolutely void.

Where do the New Jersey common law marriage laws come from?

The rules above come from N.J. Stat. 37:1-10. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.