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Marriage License Question

  • 1.  Marriage License Question

    Posted 07-09-2014 03:30 PM

    I have a unique situation that I have never encountered before and I thought I would get some feed back from the list.

    Client got married in March and got a license and marriage Certificate from Toms River which is where they were married, however, neither of the parties LIVED in Tom's River (they both live in Beachwood). 

    The State of NJ advised that the marriage is not valid and that in order for it to be valid they would need a court order.  Client proceeded to apply and get a court order out of Beachwood, which stated that they were married back and March and it was valid.  The State rejected that and said that they need a Superior Court Order. 

    Is there something I can file to get a Court order stating that the marriage was valid? If so, what would I file and where would I file it?  It seems that the fastest thing to do would be to tell them to get married again, however, i just thought I would get some ideas first.

    Thanks in advance for all of your help!

    -------------------------------------------
    Amanda Johnston Esq.
    Associate
    Denville NJ
    (973)537-1700
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  • 2.  RE: Marriage License Question

    Posted 07-09-2014 04:04 PM

    It is my understanding that, if they were both residents of NJ, which you indicate they are, they can get a license from either the town in which they live, or the town in which they get married.  I have not looked that the statute.   I would be curious to know how this ultimately plays out




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  • 3.  RE: Marriage License Question

    Posted 07-09-2014 04:48 PM
    Not to be a spoil-sport, but it appears to me that the license SHOULD NOT have been issued by Toms River.  If the license is no good, then, there may be a legitimate argument that the marriage is no good. 

    The governing statute says: 

    New Jersey Statutes Title 37

    37:1-3. Where marriage or civil union license to be obtained.

         37:1-3. Where marriage or civil union license to be obtained.

         The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.

         Amended 2006, c.103, s.8.



    -------------------------------------------
    Kelly Newman, Esq.
    Haddon Heights, NJ
    [email protected]
    (856) 547-7888
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  • 4.  RE: Marriage License Question

    Posted 07-09-2014 05:15 PM

    I am curious as to why the clerk in Toms River even issued the license in the first place

     




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  • 5.  RE: Marriage License Question

    Posted 07-09-2014 04:49 PM
    As a relatively recent newlywed (12/31/2012), I can say that we got our license in Linwood (where we live) and got married on the Ventnor Beach. If I am not legally married, my wife will be angry.

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    Michael A. Gill, Esq.
    660 New Road
    Northfield, N.J. 08225
    609-646-0222
    www.gmslaw.com
    -------------------------------------------


    Original Message


  • 6.  RE: Marriage License Question

    Posted 07-09-2014 04:49 PM

    I think the place of marriage, for the place where you get the license, is when the parties do not live in state.   I had two different daughters married in Spring Lake, and both lived out of state at the time.  I had to pick up the licenses in Spring Lake.

     

    But come on!  A Superior Court order?!  Wouldn't you think there would be something on the license application which would give an applicant a clue at the outset?!

     

     

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  • 7.  RE: Marriage License Question

    Posted 07-09-2014 05:16 PM

    Steve is correct.  If both reside in NJ, the county in which they get married can issue the license. 

     

    Randy J. Perlmutter, Esq.
    Kantrowitz, Goldhamer & Graifman, P.C.
    747 Chestnut Ridge Road
    Chestnut Ridge, New York 10977
    845-356-2570 (ph) 845-356-4335 (fax)
    [email protected]
    www.kgglaw.com

    Confidentiality: This e-mail transmission and any accompanying or attached documents may contain confidential information which is legally protected by the attorney-client privilege or attorney work product doctrine. The information contained in or accompanying this message is intended only for the use of the person to whom addressed. Any disclosure, copying, distribution, or taking of any action in reliance on or regarding this information is prohibited, unless specifically authorized by the sender. If you have received this e-mail in error, or if you are not the intended recipient of this message, please notify us immediately by telephone at 845-356-2570 and destroy this e-mail and any attached documents

     




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  • 8.  RE: Marriage License Question

    Posted 07-09-2014 05:34 PM
    No, Randy, the municipality, not the county, issues the license, but yes, Steve is correct.

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    Ellen Bromsen Esq.
    Englewood Cliffs NJ
    (201)894-0844
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    Original Message


  • 9.  RE: Marriage License Question

    Posted 07-09-2014 05:34 PM

    Not the county, the municipality.  I recently got married in NY, where neither of us live.  We got the license in New City (Rockland), and got married in Westchester.  NY is, apparently, more enlightened

     




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  • 10.  RE: Marriage License Question

    Posted 07-10-2014 09:28 AM

    Sorry, I meant municipality....my NY address fooled me for a moment

     

    Randy J. Perlmutter, Esq.
    Kantrowitz, Goldhamer & Graifman, P.C.
    747 Chestnut Ridge Road
    Chestnut Ridge, New York 10977
    845-356-2570 (ph) 845-356-4335 (fax)
    [email protected]
    www.kgglaw.com

    Confidentiality: This e-mail transmission and any accompanying or attached documents may contain confidential information which is legally protected by the attorney-client privilege or attorney work product doctrine. The information contained in or accompanying this message is intended only for the use of the person to whom addressed. Any disclosure, copying, distribution, or taking of any action in reliance on or regarding this information is prohibited, unless specifically authorized by the sender. If you have received this e-mail in error, or if you are not the intended recipient of this message, please notify us immediately by telephone at 845-356-2570 and destroy this e-mail and any attached documents

     




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  • 11.  RE: Marriage License Question

    Posted 07-10-2014 09:28 AM
    I don't want to confuse things any further, however, 
    1. You  get your marriage license from the municipality where one of the parties live, BUT
    2. The Marriage Certificate comes from the town where the parties get married.
    I, for example, got my marriage license in Hackensack, where we lived at the time, but when I needed to get our marriage certificate, I had to go to Florham Park, where the ceremony took place.  
    I never came upon this exact situation when I was clerking, but people would come in fairly regularly who hadn't applied for their marriage license in time (because of the 3 day waiting period).  It was usually that they had a wedding the following day and went to get their license, couldn't because of the waiting period, and had to come to court for a Court Order telling the municipal clerk to give them a license without the waiting period.  In the county where I worked, the judges rotated wedding duties, so when the couples came in, they could their orders that same day.  I would call the Family Division Manager in Ocean County and explain the situation.  They could probably help you out.  



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  • 12.  RE: Marriage License Question

    Posted 07-09-2014 04:48 PM

    Out of curiosity, I looked up the statute. It is NJSA 37:1-3 which states that the license shall be issued in the municipality in which either party resides or, if neither is a resident of NJ, in the municipality in which the ceremony takes place. 

     




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  • 13.  RE: Marriage License Question

    Posted 07-09-2014 05:15 PM
    Steve has it right - the statute was amended along with the CU law.  It used to say if the parties lived in 2 different NJ towns, then the license would be obtained where the "bride" lived.  With CU and now marriage equality that became unworkable.  

    Sounds like the marriage clerk in Toms River messed up.  I agree the easier thing is to get re-married -its a $28 license together with a fee for an efficient - a lot cheeper than a court action.  There is case law in NJ on validity of marriages where there were issues of improper licensing or unauthorized officiants - but usually in divorce contexts - the courts have strictly construed the marriage licensing laws and only applied equitable issues when couples seek to avoid marital obligations upon divorce claiming they were never married because if irregularities.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660
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  • 14.  RE: Marriage License Question

    Posted 07-09-2014 04:48 PM
    I am a Municipal Court Judge in Cherry Hill and I marry people who live in other towns all the time.  I even performed many same sex weddings for couples from Philadelphia before it became legal in Pa.  I would be very unhappy to find out that I am wasting my time performing weddings that are invalid.

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    Jeffrey Karl Esq.
    Cherry Hill NJ
    (856)486-0707
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    Original Message


  • 15.  RE: Marriage License Question

    Posted 07-09-2014 05:15 PM
    Its all about where the license was obtained - you can marry anywhere in NJ, but have to get the license from the right municipal registrar.  Vital Statistics, which records all marriages after the ceremony obviously kicked this back after review.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660
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    Original Message


  • 16.  RE: Marriage License Question

    Posted 07-09-2014 04:49 PM

    Look at NJS 37:1-3.  They can only get the license at the municipality where they are married if both are non-residents.

     

    § 37:1-3. Where marriage or civil union license to be obtained


       The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or, if neither party is a resident of the State, in the municipality in which the proposed marriage or civil union is to be performed.

     

    Craig Dodd 

    Schenck, Price, Smith & King, LLP
    Serving our Clients and Community for Over 100 Years
    220 Park Avenue | PO Box 991
    Florham Park, NJ 07932
    Phone: 973-540-7325
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  • 17.  RE: Marriage License Question

    Posted 07-10-2014 09:29 AM
    That is correct.  In fact I had a marriage annulled due to neither party being a resident of the municipality where they got the license and the ceremony was performed out side of that municipality.  Now the annulment was by agreement so not really tested.     The license is valid  for a ceremony performed anywhere in the state if obtained from the municipality where one party resides. .  

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    Timothy McGoughran Esq.
    Farmingdale NJ
    (732)660-7115
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