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When There Is No License, Is There a Marriage?
In Part One of this artice, available at http://bit.ly/1OEHU0Q, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right? We have previously discussed how New York and California would handle this question. Now, let's look at how some other states treat the issue.
New Jersey
The statutes of New Jersey provide that “No marriage ' shall be valid unless the contracting parties shall have obtained a marriage license as required by section 37:1-2 of this Title, and unless, also, the marriage 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; and failure in any case to comply with both prerequisites aforesaid, which shall always be construed as mandatory ' shall render the purported marriage absolutely void.” N.J. Stat. ' 37:1-10. Furthermore, “Before a marriage can be lawfully performed in this State, the persons intending to be married ' shall obtain a marriage ' license from the licensing officer and deliver it to the person who is to officiate.” NJ Stat. ' 37:1-2. Statutorily, alimony and attorneys' fees may apply to a void marriage. The Statute states that pending any matrimonial action, the court “may make such order as to the alimony or maintenance of the parties.” 2006 Bill Text NJ A.B. 3787.2006 Bill Text NJ A.B. 3787. The Statute continues, “The Court may order one party to pay a retainer on behalf of the other for expert and legal services when the respective financial circumstances of the parties make the award reasonable and just.” Id.
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