Common Law Marriage and Your Rights: What You Need to Know

Understanding Common Law Marriage

Common law marriage is a legal concept that recognizes a couple as married without a formal ceremony or marriage license. It typically requires the couple to have lived together for a certain number of years, usually more than 10, and to have held themselves out as married. The idea is that if you live as if you are married and act as if you are married, the law should treat you as if you are married.

Unfortunately, New Jersey does not recognize common law marriage. However, if you have a common law marriage in one of the 10 states that do recognize it, and you move to New Jersey, a court in the home state can declare you legally married.

Your Rights in New Jersey

If you are not married and living in New Jersey, your legal rights are significantly less than they would be if you were married to your significant other. While the New Jersey Family Courts can establish paternity, set a parenting time schedule, and establish child support in what is known as an “FD” or non-dissolution matter, they cannot assist in dividing personal or real property that you and your partner may have acquired during the relationship.

Property Division

If you and your partner cannot reach an agreement about the division of property, you would need to file a civil lawsuit. The location of this suit would depend on the value of the assets to be divided, as small claims court only hears matters up to $3,000. If you own a house with your partner and cannot agree on how to distribute it, you may need to file in the law division.

Alimony and Palimony Claims

If you were not married to your partner, you cannot ask the court for alimony. Alimony is a right reserved only for those who are legally married or have a valid civil union. While New Jersey has a “palimony” statute that can allow for continued support following the break-up of a “marital-type” relationship, it can be difficult to prove without a written promise to provide continued support.

How Spodek Law Group Can Help

Navigating the legal system when you are not married can be complex and overwhelming. Attorney Todd Spodek and his team at Spodek Law Group have extensive experience in family law matters, including non-traditional relationships. They can help you understand your legal options and represent your interests in court.

Contact Spodek Law Group Today

If you need legal assistance regarding a non-traditional relationship or other family law matter, contact Spodek Law Group today. Our team is committed to providing compassionate, professional representation to every client we serve.