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Q: Wedding Ceremony ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Wedding Ceremony
Category: Relationships and Society > Law
Asked by: bride-ga
List Price: $10.00
Posted: 11 Dec 2002 06:51 PST
Expires: 10 Jan 2003 06:51 PST
Question ID: 122985
Who can legally marry a man and a woman in New Jersey and is there an
OFFICIAL document somewhere that outlines this information?  I have
called
the county clerk, the town clerk (both of where I reside and where
we'll be getting married), and the office of Vital Statistics
in Trenton and have been told a  different story by each person.  Who
has the final  say on this topic?  I have been told that a judge,
mayor, or minister of any religion may legally marry two people. 
Does this include a NY state family court judge (the wedding will be
in NJ)?  When I'm told any minister of any religion, does this include
a minister of the United Life Church (ANYONE can be ordained in this
church online in 3 minutes - free and have an official certificate
printed)?  I have also been
told that an attorney/notary public may perform the ceremony.  Is this
true?  What sort of documentation needs to be provided regarding the
person performing the ceremony?  Please help.  I do not want to find
out 5 years from now that I'm not legally married because the person
who married us did not have the legal authority to do so.  Thanks for
your help.
Answer  
Subject: Re: Wedding Ceremony
Answered By: bobbie7-ga on 11 Dec 2002 08:24 PST
Rated:5 out of 5 stars
 
Hello Bride,

According to New Jersey Statutes 37:1: Marriages and Married People 

Marriage of a man and a woman is controlled by state law. Each state
has certain rules that must be met before two people can marry.

The marriage ceremony can be performed by:

Any Federal, State, Municipal judge or magistrate (even if they are
retired);
Any county clerk; 
Any mayor or deputy mayor of a town; 
Chairman of any township committee; 
Any religious minister 

=====================================

The following information is from the New Jersey Permanent Statutes
Database:
 
37:1-13 Authorization to solemnize marriages

 37:1-13. Each judge of the United States Court of Appeals for the
Third Circuit, each judge of a federal district court, United States
magistrate, judge of a municipal court, judge of the Superior Court,
judge of a tax court, retired judge of the Superior Court or Tax
Court, or judge of the Superior Court or Tax Court, the former County
Court, the former County Juvenile and Domestic Relations Court, or the
former County District Court who has resigned in good standing,
surrogate of any county, county clerk and any mayor or the deputy
mayor when authorized by the mayor, or chairman of any township
committee or village president of this State, and every minister of
every religion, are hereby authorized to solemnize marriage between
such persons as may lawfully enter into the matrimonial relation; and
every religious society, institution or organization in this State may
join together in marriage such persons according to the rules and
customs of the society, institution or organization.

 
37:1-13.1.  Marriages solemnized by municipal magistrate or magistrate
of municipal court;  validation
    All marriages heretofore solemnized by any municipal magistrate or
magistrate of the municipal court who was not at the time of such
solemnization  authorized to solemnize marriages shall, if otherwise
valid, be as valid as if  same had been solemnized by a person
authorized to solemnize marriages.


37:1-13.2.  Marriages solemnized by judge of court of record;
validation
    All marriages heretofore solemnized by any judge of a court of
record in this State, who was not at the time of such solemnization
authorized to solemnize marriages, if otherwise valid, shall be as
valid as if the same had been solemnized by a person authorized to
solemnize marriages.

 
37:1-14.  Certain marriages validated
    All marriages performed prior to March twenty-seventh, one
thousand nine hundred and twelve, by a minister of any religion other
than a stated or ordained minister of the gospel, if otherwise valid,
shall be as valid as if the same had been performed by a stated and
ordained minister of the gospel.
 
37:1-15.  Solemnizing without presentation of license;  misdemeanor
    Any person, not authorized by section 37:1-13 of the Revised
Statutes to solemnize marriages, who solemnizes a marriage or any
person or religious society, institution or organization, authorized
to solemnize marriages, who solemnizes a marriage without the
presentation of a license therefore, obtained in accordance with the
provisions of article two of this chapter (s. 37:1-2 et seq.), shall
be guilty of a misdemeanor, and punished by a fine not exceeding five
hundred dollars ($500.00), or imprisonment not exceeding six months,
or both.

Source: New Jersey Office of Legislative Services
http://www.njleg.state.nj.us/

http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=187191&Depth=2&advquery=%2237%3a1-10%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=%20%20&record={D11D}&softpage=Doc_Frame_PG42&wordsaroundhits=10&zz=

Marriage Ceremony: The marriage ceremony can be performed by:
- Any Federal, State, Municipal judge or magistrate (even if they are
retired);
- Any county clerk;
- Any mayor or deputy mayor of a town;
- Chairman of any township committee;
- Any religious minister.

Officiants: Every minister of every religion may perform marriages.
Ministers must complete a certificate of marriage and return it to the
county clerk.

Source: U.S. Marriage Laws by State
http://www.usmarriagelaws.com/search/united_states/new_jersey/index.shtml

Regarding ministers ordained from the Universal Life Church, the
information I have located is that:
 
The State of North Carolina ULC ministers do not currently have the
power to solemnize marriages.

But if the Universal Life Church (ULC) ordained your minister and you
were married after July 3, 1981, you are not legally married in the
state of North Carolina.  No matter what you were told by your
minister or anyone else, for that matter, ULC ministers do not
currently have the power to solemnize marriages in the state of North
Carolina.
http://revkara.com/originalworks/are_you_legally_married.html

There has been at least one case in which the court recognized a
marriage performed by a "minister" who had gotten his credentials by
mail order from the Universal Life Church.
http://www.straightdope.com/classics/a2_329.html

Disclaimer: Answers and comments provided here are for general
information, and are not intended to substitute for informed
professional legal advice. This information is presented to give you
an idea of what is involved in your jurisdiction and to help you get
started with whatever process is required. If you require professional
advice, please consult a qualified provider.


Additional information that may interest you:

Law Street Law Guide
http://www.lawstreet.com/LawGuide/NJ/Atlantic/Matrimonial/MarriageBasics.asp

U.S. Marriage Laws
http://www.usmarriagelaws.com/search/united_states/new_jersey/index.shtml#counties


Search Criteria:
Marriage laws by State
New Jersey Statutes
Who can legally marry a man and a woman in New Jersey
“Universal Life Church” “New Jersey” legality

I hope you find this helpful 

Best Regards,
Bobbie7-ga

Request for Answer Clarification by bride-ga on 11 Dec 2002 08:43 PST
So, when the statute states "any state judge" is it only referring to
NJ state judges, or would a NY state judge be allowed to perform a
marriage ceremony in NJ?

Clarification of Answer by bobbie7-ga on 11 Dec 2002 09:25 PST
To my understanding, a NY State Judge is allowed to perform a
marriage ceremony in NJ as the statute states "any State Judge". In
any case, this is my personal interpretation of the statute. Given
that the interpretation of statutes and laws can be problematic,
perhaps you should consult qualified professional.

Clarification of Answer by bobbie7-ga on 12 Dec 2002 09:07 PST
My fellow researcher, expertlaw-ga interprets it as referring to any
New Jersey state judge, as opposed to any state judge from anywhere in
the nation.
A New York state judge would not have authority to solemnize a New
Jersey wedding since the references in the statute are to various New
Jersey courts, not to the courts of other states.

(Thank you expertlaw for your help)
bride-ga rated this answer:5 out of 5 stars

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