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...marriage, resided together as husband and wife for some years and children were born of the marriage, because L. 1939, c. 227, N.J.S.A. 37:1-10, abolished common law ...:
1. Does N.J.S.A. 37:1-10 abolish all common law marriages occurring subsequent to December 1, 1939?
2. Does ...justification for the recognition of some common law marriages, the public policy of this State as manifested in N.J.S.A. 37:1-10 must prevail until the Legislature itself sees fit to ena...
...Rule 2:5-1(b).
In his letter opinion, the judge acknowledged that N.J.S.A. 37:1-10 abolished common ...recognized common law marriages in existence prior to December 1, 1939.
The motion judge's reliance on N.J.S.A. Val:17A-1.1-1.7, is also misplaced. This statute addresses...do not excuse the failure to obtain a license. The one that does not address a solemnization defect does not provide any basis to validate this marriage.
N.J.S.A. 37:1-10...
.... 394 ; Chamberlain v. Chamberlain, 68 N.J. Eq. 736 ; Jackson v. Jackson, 94 Id. 233. The statute outlawing common-law marriages was not enacted until...).
1. The general rule at common law that a foreign law is essentially a matter of fact determinable by the jury has been changed by c...accordance with our laws is valid everywhere.
7. Since law reflects the common experience and the common standard of morality, and therefore commands and receives common respect and...
...subject to reasonable state regulation. Indeed, that right traditionally has been subject to pervasive regulation. For example, statutes include bans on incestuous marriages, N.J.S.A. 37:1-1; bigamous...marriages, N.J.S.A. 2C:24-1; and marriages to persons adjudged to be mentally incompetent, N.J.S.A. 37:1-9. Similarly, we find that article 1, paragraph 1 embraces a rig...amendment to the New Jersey Conflicts of Interest Law, N.J.S.A. 52:13D-12 to -27 (Conflicts of Interest Law). That amendment prohibits virtually all state officers and employees, including full-time...
...William C. Brown was granted, a common law marriage relationship was created which was not within the contemplation of the New Jersey Statute, N.J.R.S. 37:1-10, N.J.S.A.
Such..., after license duly issued therefor, shall have been performed by or before any person, religious society, institution or organization authorized by section 37:1-13 of this Title to solemnize marriages...removed, to live in a state of common law marriage.
Plaintiff contends that while non-ceremonial common law marriages are abolished by the Act of 1939, such marriages, when i...
...organizational representative for the State's thirty-three Clerks, filed an unopposed motion to intervene based on a common question of law under Rule 1–024(B)(2) NMRA, stating their future intentions....
Procedural history
{7} A marriage license is “required under New Mexico law as evidence that a marriage fully complies with all requirements of the law...aspects of the state's marriage law ... without discriminating on the basis of sex or sexual orientation” and that Defendants treat Plaintiffs “once married ... [,] equally with all other married couples...
...-20; a common law marriage (after 1939) is "absolutely void," N.J.S.A. 37:1-10. These qualitative attitudes vividly reflect policy differences. And in this connection the language of the Court of...state of our public policy as to marriages which are valid elsewhere but which would be voidable non-age unions if performed here, may be described as the sum total of the statutory and common law...status. It is quite natural therefore that, where marriages are concerned, questions of capacity are generally referred to the law of the place of celebration. This rule in no way detracts from the power...
.... . . ." Bolstering these provisions is N.J.S.A. 37:1-15, which makes it a crime for someone to "solemnize a marriage without the presentation of a license. . . ." Our Supreme Court has said that...or before any person, religious society, institution or organization authorized by section 37:1-13 of this Title to solemnize marriages. . . .
N.J.S.A. 37:1-2 states, "[b]e...marriage license. The Law Division concluded that plaintiff was eligible for coverage by reason of the unlicensed marriage ceremony, and ordered defendant to participate in arbitration. Defendant appeals...
...marriages between a woman and her sister, daughter or any other woman. Also, the statutorily mandated terms of the marriage license are gender neutral. N.J.S.A. 37:1-7. Similarly neutral is ...common law and statutory strictures relating to marriages is that only persons who can become "man and wife" have the capacity to enter marriage.... 233
, 236-237[
118 A. 926] (E. A. 1922); N.J.S.A. 37:1-10. The pertinent statutes relating to marriages and married persons do not contain any...
...that the marriage was invalid by reason of the provisions of L. 1939, c. 227, now N.J.S.A. 37:1-10, which abolished common law marriages as of December 31, 1939 and provided...for to accomplish the purposes and objectives of the 1939 act ( L. 1939, c. 227, now N.J.S.A. 37:1-10) which abolished common law marriages. As...argues that as a result, the license was not a license "duly issued" as called for by N.J.S.A. 37:1-10 since R.S. 37:...
...ceremonial marriage, resided together as husband and wife for some years, and children were born of the marriage, because L. 1939, c. 227 (N.J.S.A. 37:1-10) abolished common law ...void."
Defendant contends that the 1939 statute did not declare void all common-law marriages entered into after December 1, 1939, but merely added the requirements of a license...contracted after the removal of the impediment to the marriage of the parties, and the rule is therefore without application where informal or common-law marriages are not recognized, but it may be provided...
...statutes ban bigamous marriages, N.J.S.A. 2C:24-1, common law marriages, N.J.S.A. 37...assumption in the application of common law and statutory strictures relating to marriages is that only persons who can become `man and wife' have the capacity to enter marriage...-20. In addition, the Act amends the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, to extend the prohibitions of that statute to...
...prescribed by the Legislature. The controlling statute, N.J.S.A. 2A:34-1, provides that marriages may be annulled when "[e]ither of the parties has another wife or husband living at the time of a...conduct voluntarily performed by the defendant without the consent of the plaintiff." N.J.S.A. 2A:34-2.
Plaintiff's statement that she sought an Alabama divorce because it was too...the sole purpose of avoiding alimony and equitable distribution under N.J.S.A. 2A:34-23 and decisional law interpreting that statute. In other words, defendant seeks to use the invalidity of the...
...so treated in New Jersey. New Jersey has legislatively expressed its public policy against common law marriages. See N.J.S.A. 37:1-10. When the principals went to the District of Columbia...N.J.S.A. 37:1-10), a common law marriage is recognized as legal in the District of Columbia and "`The removal of an impediment while parties continue to live together as husband and wife gives ris...the divorce decree in New Jersey, and if so, was it lawful in the District or in New Jersey, or in both? It could not arise under the New Jersey law because of the provisions of N.J.S.A. 37:1-10...
...marriages have been abolished by statute since December 1, 1939, N.J.S.A. 37:1-10, the subsequent removal of such an impediment does not have that result and the marriage remains invalid unless an...jurisdiction, in this case the District of Columbia. It appears that New Jersey has recognized, since the passage of its statute abolishing common law marriages, a common law marriage arising after the rem...Florida, each of which States recognized such marriages. The trial court held the plaintiff's claim of a common law marriage was totally incapable of belief and found as a fact that a common law...
...the common law.'" King v. S. Jersey Nat'l Bank, 66 N.J. 161, 178, 330 A.2d 1 (1974) (quoting Ransom v. Black, 54 N.J.L. 446, 448, 24 A. 1021 (Sup.Ct. 1892...limitation is clear from the use of gender-specific language in the text of various statutes. See, e.g., N.J.S.A. 37:1-1 (describing prohibited marriages in terms of opposite-sex relatives...; Minn.Stat. §§ 517.01, 517.03; N.H.Rev.Stat. Ann. §§ 457:1, 457:2; N.J.S.A. 37:1-1, -3; N.M. Stat. § 40-1-18; N.Y. Dom. Rel. Law §§ 12, 50; N.C....
..., however, N.J.S.A. 37:1-10 in effect invalidates all common law marriages which may have been declared valid according to common law principles and, in addition, provid...validity or invalidity of proxy marriages. In other states where common law marriages were recognized as valid, proxy marriages were also considered valid. 55 C.J.S. Marriage § 6. In New Jersey..., 19 N.J. 443 , 451 (1955).
Does a proxy marriage meet the statutory requirements of N.J.S.A. 37:1-10 and other appropriate sec...
...example, the Court construed the Married Persons' Act, N.J.S.A. 37:2-1 to -30, as incorporating the common law, which then recognized spousal immunity. The Court reasoned, however, that "the statute...entities. [N.J.S.A. 59:2-1 Task Force Comment (emphasis supplied).]
Subsection 2-1(b) reflects the Legislature's intent to preserve common-law immunities...provisions. It is anticipated that the Courts will realistically interpret both the statutory and common law immunities in order to effectuate their intended scope. [N.J.S.A. 59:2-1 Task Force Comment...
...objective of "mak[ing] it legally possible [for parties] to terminate dead marriages" without requiring litigants to "resort to the hypocrisy of accusing one or the other of a marital wrong...].
See also Public Hearing before the New Jersey Divorce Law Study Commission, at 1 (Jan. 30, 1969) ( 1969 Hearing) (The purpose of the Divorce Study Commission is to engage in "the...recommendations of the Divorce Law Study Commission, the Legislature adopted N.J.S.A. 2A:34-23g which, as noted earlier, now as then provides that "[i]n all actions for divorce other than those where...
...N.J.S.A. 37:1-7 and -8 that couples appear in person to obtain a marriage license. Plaintiff appeals an order denying his motion for a preliminary injunction and...with a summary of those facts and the applicable statutes.
N.J.S.A. 37:1-7 authorizes a "licensing officer" to issue a marriage license...N.J.S.A. 37:1-7 and -8, that attorney-in-fact may appear on behalf of the Armed Forces member serving overseas to obtain the marriage license and take the required oat...