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Understanding New Jersey Marriage License Requirements

A New Jersey marriage license is a legal document that allows two people to marry in the state. Before a couple can have a wedding ceremony, they must obtain this license from their county clerk's office. The license serves as official government documentation that the marriage took place.

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New Jersey has specific rules about who can get married and what paperwork is needed. These rules exist to protect both parties and ensure the marriage is legal. The state requires certain information from both people getting married, and both individuals must provide identification to prove who they are.

As of 2024, New Jersey does not have a waiting period between getting the license and having the ceremony. This means a couple can get married the same day they receive their license. However, the license is valid for 34 days, giving couples a window of time to schedule their ceremony.

The marriage license process in New Jersey is handled at the county level, not the state level. This means you go to your county clerk's office, not a state office. Each county in New Jersey has a clerk's office that issues marriage licenses. The basic process is similar across all counties, though specific office hours and locations vary.

Practical takeaway: Before starting the marriage license process, identify which county clerk's office you need to visit based on where you or your partner lives or where you plan to get married.

Who Can Get Married in New Jersey

New Jersey law sets out who is allowed to marry. Both people must be at least 18 years old. If someone is 16 or 17 years old, they can marry with parental consent and a judge's approval, but this is a different process than the standard license procedure.

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Both people getting married must be unmarried. If either person is currently married to someone else, they cannot get a New Jersey marriage license until that marriage ends through divorce or death. Similarly, neither person can be in a domestic partnership or civil union with someone else.

New Jersey does not have restrictions based on gender or sexual orientation. Same-sex couples have had the right to marry in New Jersey since 2013. Any two people who meet the age and marital status requirements can obtain a marriage license.

There are some additional restrictions regarding close relatives. New Jersey law prohibits marriage between certain family members, including parents and children, siblings, aunts and uncles with nephews and nieces, and first cousins in some situations. These restrictions reflect laws designed to prevent genetic complications in families and ensure clear family relationships.

Neither person can be mentally incapacitated or unable to understand the nature of marriage. This means both people must have the mental capacity to consent to getting married.

Practical takeaway: Gather basic information about both people getting married to confirm there are no legal barriers, such as existing marriages or close family relationships that would prevent marriage in New Jersey.

Documents You Need to Bring to the County Clerk

When you visit the county clerk's office to get a marriage license, you must bring several documents. Both people must bring a valid photo ID. This can be a driver's license, passport, military ID, or any other state-issued or federal ID with your photo and signature.

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You must also bring proof of your birth date. This is typically a certified copy of your birth certificate. A certified copy means it has an official stamp or seal from the government office that keeps birth records. A photocopy of your birth certificate is not acceptable. If you were born outside the United States, you may bring a passport or other official document showing your birth date and place of birth.

If either person getting married has been married before, you must bring documentation of how that marriage ended. If the previous marriage ended in divorce, bring a certified copy of the divorce decree or a dissolution judgment. If the previous marriage ended because your spouse died, bring a certified copy of the death certificate. This documentation proves you are legally free to marry again.

You should also bring any court documents related to name changes. If you have legally changed your name, bring documentation of that change. This helps the county clerk understand the relationship between your birth certificate (which may have your old name) and your current identity.

Each county clerk's office may have slightly different requirements, so calling ahead or checking the county's website can prevent trips back home for forgotten documents. Many county clerk offices have websites listing exactly what documents are needed.

Practical takeaway: Create a checklist of all required documents and gather certified copies of everything before visiting the county clerk's office. Call your county clerk ahead of time to confirm what documents they require.

The Marriage License Application Process

The marriage license process in New Jersey begins when you visit your county clerk's office in person. Both people getting married must be present together. You cannot send someone else to get the license for you, and you cannot get it through the mail or online. The county clerk needs to see both people to verify your identities.

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When you arrive at the county clerk's office, you will fill out a marriage license form. This form asks for basic information about both people, including full names, dates of birth, addresses, and parents' names. The form also asks about previous marriages. You must answer all questions accurately and completely.

After completing the form, both people must sign it in front of the county clerk or an authorized employee. The signatures confirm that the information you provided is truthful. Each county clerk's office has specific procedures for this signing process.

Once the form is signed and the county clerk has verified your documents, they will issue your marriage license. You receive an official document that serves as your marriage license. This is not just a piece of paper but an official legal document with specific information and markings.

The county clerk will explain what happens next. You must give this license to the person performing your ceremony—whether that is a judge, religious leader, or other authorized official. After the ceremony, the person performing it signs the license, and you must return it to the county clerk's office within 10 days after the ceremony takes place.

As of 2024, most New Jersey counties allow you to apply for the marriage license and receive it on the same day, though some counties may have different procedures. The fee for a marriage license in New Jersey is typically between $25 and $35, depending on the county, and must be paid at the time you apply.

Practical takeaway: Schedule your visit to the county clerk's office during their business hours, bring all required documents, and plan to spend time completing paperwork and answering questions about both people's backgrounds.

What Happens After You Get the License

Once you receive your marriage license from the county clerk, you have 34 days to use it. This means your ceremony must take place within 34 days of when you received the license. If 34 days pass without using the license, it expires and is no longer valid. You would need to go back to the county clerk and get a new license if you want to marry after that time.

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The person performing your ceremony must be authorized to perform marriages in New Jersey. This includes judges, justices of the peace, mayors (while in office), and certain religious officials such as rabbis, priests, and ministers. The person performing the ceremony does not need to be a New Jersey resident, but they must be authorized to perform marriages.

During your ceremony, the person performing it will sign your marriage license. You and any required witnesses must also sign the license during or immediately after the ceremony. The specific signing procedure may vary depending on who is performing your ceremony and what type of ceremony you are having.

After the ceremony ends, you must return the signed marriage license to the county clerk's office within 10 days. This is a legal requirement. The county clerk records the license in their office records, making your marriage official in New Jersey's government system.

Once the license is filed with the county clerk, you can request certified copies of your marriage certificate. A certified marriage certificate is an official government document that proves you are married. You might need this document for changing your name, updating insurance, or other legal purposes. Certified copies typically cost between $5 and $10 per copy and can be ordered from the county clerk's office.

If you do not return your signed marriage license within 10 days after the ceremony, the county clerk may contact you about it. It is important to complete this final step to ensure your marriage is properly recorded in government records.

Practical takeaway: Mark your calendar with the expiration date of your marriage license and the deadline for returning the signed license to the county clerk after your ceremony.