We’re continuing our series of looking at the various marriage laws from the 50 different states within the United States. June is a hot month for weddings and thousands of people will be exchanging their vows in wedding ceremonies taking place in backyards, Churches, temples, gardens and more. Not every state has the same laws governing marriage and marriage licenses, as we continue our trek through New England down the Atlantic coastline, we’re taking a look at New Jersey and Delaware.
New Jersey
New Jersey does not have a residency requirement. However, there are some specific requirements that brides and grooms will need to take into account. For example:
- Some areas require you to make an appointment to apply for a license
- If both bride and groom live in New Jersey, you must apply for a license in the municipal office where she lives
- If only the groom lives in New Jersey, then you apply in the town where the groom lives
- If neither the bride nor the groom lives in the state, then you apply for the license in the municipality where the wedding will be held
In order to apply for a marriage license, you will need to show proof of residency with a driver’s license, utility bill, tax bill or apartment lease. For military personnel, the post where they are stationed determines their residency. You will also need your social security numbers.
The fee for a marriage license in New Jersey is about $28 and there is a three-day waiting period. If you plan to marry on the weekend, you must get your marriage license no later than the Tuesday before the wedding. A judge may waive the waiting period if special circumstances including illness and military deployment are involved. New Jersey marriage licenses are valid for 30 days, but the application is valid for six months. There is no option for covenant marriages in New Jersey and you will need to show appropriate documentation of divorce or death if you were married previously.
Re-marriage licenses are also available in the state of New Jersey. There is also no waiting period for a couple that applies for and receives a remarriage license. There is no allowance for proxy marriage in New Jersey, however if the bride and groom are not able to apply at the same time, one or the other may begin the waiting period by filling out the application with a witness. The other then returns to the office to complete the application with the same witness. Both parties must fill out the application before the license can be issued.
New Jersey does allow domestic registration and civil unions. We will cover laws governing these in another blog. New Jersey also allows for cousin marriages, but not a common law. Persons under the age of 18 will need both parents to give consent in front of two witnesses to obtain a marriage license. Applicants under the age of 16 will need judicial approval as well as parental approval. You will also need to know whom your officiant is going to be when you apply for your marriage license and provide the name for the application.
To obtain a copy of your New Jersey Marriage Certificate, contact:
New Jersey Department for Public Health
New Jersey State Department of Health and Senior Services
Bureau of Vital Statistics
P.O. Box 370
Trenton, NJ 08625-0307
Phone: (609) 292-4087
Delaware
Getting married in Delaware is a little less complicated than the license procedure in New Jersey. There is no residency requirement in the state of Delaware. There is also only a 24-hour waiting period for residents of Delaware. If you are not a resident of Delaware, the waiting period is 96 hours in length.
In order to apply for a marriage license, you need to present photo identification and have your social security number. If you were married previously, you need to show the original or certified copy of the divorce decree or death certificate. There is no option for covenant marriage in Delaware and you will be paying a fee of $35 for the marriage license to be paid in cash only.
Delaware does not allow for proxy marriage, cousin marriage, same-sex marriage or common law marriage. Applicants under the age of 18 will need to have parental consent forms signed in the Clerk of the Peace’s office.
Your marriage license is valid for 30 days, but if either of you are on probation or parole, you will need to obtain a more specific authorization. Couples may be married at the Clerk of the Peace’s office for just a $20 fee.
To obtain a copy of your Delaware Marriage Certificate, contact:
Office of Vital Statistics
P.O. Box 637
Dover, DE 19903
The above information should be taken as guidance only, legal requirements for state and county marriage licenses change often. Please verify the necessary paperwork and more with the office of the county clerk prior to making your wedding plans