Common Law Marriage in New Jersey
New Jersey no longer creates new common law marriages (grandfathered).
Abolished — grandfathered marriages valid
In New Jersey, new common law marriages are no longer created, but unions formed before the cut-off remain valid.
Grandfathered marriages
New Jersey stopped creating new common law marriages, but a couple that validly established one before the cut-off (Valid before 1939) is still legally married. The state continues to recognize those existing unions, including for divorce, inheritance and benefits.
Recognition from other states
Under the U.S. Constitution Full Faith and Credit Clause, every state — including New Jersey — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.
Source
New Jersey: common law marriages formed before the 1939 cut-off remain valid (verified 2026-06)