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Marriage Laws United States New Jersey Civil Unions

How to Apply for a Marriage License in New Jersey State

How to Register for a Certificate of Domestic Partnership in NJ

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It is important that you verify all information with your local marriage license office or local registrar before making any travel plans.

Requirements to establish a Civil Union

For two persons to establish a Civil Union in this state, they must:

• Not be in a party to another Civil Union, Domestic Partnership or Marriage
• Be of the same sex
• Be at least 18 years of age, except as provided for the consent of minors pursuant to State Statute.

Please note that same sex couples who entered into a Domestic Partnership can enter into a Civil Union with the same partner. Once the couple enters into a Civil Union their previous Domestic Partnership terminates and the rights of Civil Unions apply.

Obtaining an Application for Civil Union:

The application for a Civil Union can be obtained from any Local Registrar's Office. Click here to download a copy of the application.

Submitting an Application to obtain a Civil Union License:

The Civil Union license shall be issued by the Registrar in the municipality in which either party resides and is valid in any municipality in the State of New Jersey. If neither party is a resident of the State the license is issued by the Registrar in the municipality in which the proposed Civil Union is to be performed and is only valid in that municipality.

The fee for applying for a Civil Union License is $28.00 and is collected at the time of application.

The Civil Union application is valid for six months from the date accepted, unless the Registrar has granted prior approval to extend the validity of the application to a maximum of one year.

You must apply for your Civil Union license at least 72 hours prior to the date of your civil union ceremony.

What should you bring with you, when you apply for your civil union license:

• A copy of your birth certificate, driver's license, passport or state I.D.
• Proof of your residency.
• Your social security card or social security number, as per NJSA 37:1-17. Please note that your social security number is not subject to Right to Know laws and will be kept confidential.
• A witness (18 years or older) who knows both applicants.
• A $28.00 application fee.
• If you are divorced please bring a copy the divorce decree
• If you are widowed please bring a copy of your former spouse's death certificate
• If you were in domestic partnership that was terminated please bring a copy of the termination.

If any documents are in a foreign language they must be accompanied by an English translation.

Issuance of a Civil Union License:

There is a 72-hour waiting period between the filing of the application and the issuance of a civil union license. This 72-hour waiting period begins at the time the application is filed with the Local Registrar. Once the license is issued it is only valid for a period of 30 days.

However a Superior Court judge has the authority to waive all or part of the 72 hour waiting period in cases of emergency, upon satisfactory proof.

General Information/Issues:

Civil Union couples shall have all the same benefits, protections and responsibilities under the law, whether they derive from statute, administrative or court rule, public policy, common law or any other source of civil law, as granted to spouses in a Marriage.

A Civil Union relationship entered into outside of this State, which is valid under the laws of the jurisdiction under which the Civil Union relationship was created, shall be valid in this State. Same-sex couples who entered into a Civil Union in another state may also choose to enter into a Civil Union in New Jersey as well, but it is not required.

The Federal government does not recognize Civil Unions or Domestic Partnerships, therefore, although same-sex couples registered in these unions can file joint state tax returns in New Jersey they cannot do so with the Federal Government. Additionally , Immigration is a Federal government entity and does not recognize same-sex unions and therefore entering into a Domestic Partnership or Civil Union with a non-US resident will not allow them to obtain US citizenship based on the relationship.

Same sex couples who entered into a Domestic Partnership and elect not to enter into a Civil Union are afforded the rights of Domestic Partners and not the rights of Civil Union couples. Their Domestic Partnership remains in effect as it was registered under the requirements of the law in place at the time they registered.

Prior to implementation of the Civil Union Act a female was afforded the right to assume the husband's name following Marriage, the husband wishing to assume the wife's name or hyphenate his name was required to do so via a legal name change. Following the enactment of the Civil Union Act the Civil Union couple may assume the name of their partner or each assumes the hyphenated version of the two names. Please note the hyphenated name is a description and does not require that a hyphen be inserted between the surnames. Domestic Partners are not permitted to assume the name of their partner, this must be executed via a court order legal name change.

Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice. Check with your local registrar license office or borough/city/county clerk before you leave home to apply for your marriage license. To notify us of corrections or additions send an email to update@usmarriagelaws.com.

To find a Local Registrar in your area, click on the county name below.

Atlantic  Bergen  Burlington  Camden  Cape May  Cumberland  Essex

Gloucester  Hudson  Hunterdon  Mercer  Middlesex  Monmouth  Morris

Ocean  Passaic  Salem  Somerset  Sussex  Union  Warren

New Jersey City Registrar's Office

Belvidere Town Clerk Belvidere, NJ 908.475.5331	Borough of Somerville Somerville, NJ 908.704.6980	City Of Bridgeton Bridgeton, NJ 856.455.3230
City of Burlington Burlington NJ 609.267.0170	City of Camden Camden, NJ 856.757.7085	City of Elizabeth Elizabeth, NJ 908.820.4082
City Of Hackensack Hackensack, NJ 201.646.3965	City of Newark Newark, NJ 973.733.3825	City of Passaic Passaic, NJ 973.365.5500
City of Woodbury Woodbury, NJ 856.845.1300	Dover Township Dover, NJ 732.341.1000	Elmwood Park Borough Elmwood Park, NJ 201.796.1457
Fairfield Township Fairfield, NJ 973.882.2700	Flemington Borough Flemington, NJ 908.782.8840	Freehold Township Freehold, NJ 732.294.2010
Hamilton Township Hamilton, NJ 609.890.3826	Jersey City Jersey City, NJ 201.547.5150	Morristown Township Morristown, NJ 973.292.6638
New Brunswick New Brunswick, NJ 732.745.5040	Town Of Newton Newton, NJ 973.383.3523	Salem City Salem, NJ 856.935.0373

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