NJ Marriage license fee used for D/V trust fund

New Jersey Marriage License laws.

Notice that you pay $28.00 for a marriage license in New Jersey. Of that, $25.00 goes to battered women's trust funds.

First of all, this is an unconstitutional statutes as it discriminates against men, and secondly, why do we need a "marriage license" to get married when marriage is a fundamentally secured right; a God-given right????? See, Zablocki v. Redhail, 434 U.S. 374 (1978), a U.S. Supreme Court decision that struck down Wisconsin Statutes §§ 245.10 (1), (4), (5) (1973) because they violated the Fourteenth Amendment Equal Protection Clause. § 245.10 required noncustodial parents who were Wisconsin residents attempting to marry inside or outside of Wisconsin to seek a court order prior to receiving a marriage license. In order to receive such a court order, the noncustodial parent could not be in arrears on his or her child support, and the court had to believe that the child(ren) would not become dependent on the State.
The U.S. Supreme Court held it was a violation of the fundamental right to marry. If marriage is a fundamental right, tell me again why the state imposes an unconstitutional licensing standard to get married, and then uses the licensing fees for programs intended on breaking up marriages????????????


37:1-1. Certain marriages or civil unions prohibited.

37:1-1. Certain marriages or civil unions prohibited.

a. A man shall not marry or enter into a civil union with any of his ancestors or descendants, or his sister or brother, or the daughter or son of his brother or sister, or the sister or brother of his father or mother, whether such collateral kindred be of the whole or half blood.

b. A woman shall not marry or enter into a civil union with any of her ancestors or descendants, or her sister or brother, or the daughter or son of her brother or sister, or the sister or brother of her father or mother, whether such collateral kindred be of the whole or half blood.

c. A marriage or civil union in violation of any of the foregoing provisions shall be absolutely void.

Amended 2006, c.103, s.6.

Last modified: April 1, 2009


37:1-2. Necessity of marriage or civil union license; "licensing officer" defined.

37:1-2. Necessity of marriage or civil union license; "licensing officer" defined.

Before a marriage or a civil union can be lawfully performed in this State, the persons intending to be married or to enter into a civil union shall obtain a marriage or civil union license from the licensing officer and deliver it to the person who is to officiate, but if the marriage or civil union is to be performed by or before any religious society, institution or organization, the license shall be delivered to such religious society, institution or organization, or any officer thereof.

As used in this chapter, "licensing officer" means, as to cities of the first class, the city clerk; as to other municipalities, the State registrar; or the deputy of any said official designated by him to issue licenses during his absence.

Amended 2006, c.103, s.7.



37:1-6. Consent for minors; requirements.

37:1-6. A marriage or civil union license shall not be issued to a minor under the age of 18 years, unless the parents or guardian of the minor, if there be any, first certify under their hands and seals, in the presence of two reputable witnesses, their consent thereto, which consent shall be delivered to the licensing officer issuing the license. If the parents, or either of them, or guardian of any such minor shall be of unsound mind, the consent of such parent or guardian to the proposed marriage or civil union shall not be required.

When a minor is under the age of 16 years, the consent required by this section must be approved in writing by any judge of the Superior Court, Chancery Division, Family Part. Said approval shall be filed with the licensing officer.

The licensing officer shall transmit to the State registrar all such consents, orders, and approvals so received by him in the same manner and subject to the same penalty as in the case of certificates of marriage or civil union and marriage or civil union licenses.

Amended 1946, c.185, s.3; 1953, c.34, s.2; 1977, c.60; 1991, c.91, s.367; 2006, c.103, s.10.




37:1-9. When issuance of license prohibited
No marriage license shall be issued when, at the time of making an application therefor, either applicant is infected with a venereal disease in a communicable stage, or is a person currently adjudicated mentally incompetent.

Amended by L.1958, c. 158, p. 674, s. 2, eff. Jan. 12, 1959; L.1981, c. 254, s. 1.




37:1-12. Fees; disposition in cities of first class.

37:1-12. Fees; disposition in cities of first class.

For issuing a marriage or civil union license, the licensing officer shall be entitled to receive from the applicants the sum of three dollars ($3.00).

Amended 1948, c.285, s.3; 2006, c.103, s.14.

Last modified: April 1, 2009




37:1-12.1. Additional fee.

1. In addition to the fee for issuing a marriage or civil union license authorized pursuant to R.S.37:1-12, each licensing officer shall collect a fee of $25 from the marriage license or civil union license applicants which shall be forwarded on a quarterly basis to the Department of Human Services.

L.1981,c.382, s.1; amended 1992, c.136, s.1; 2006, c.103, s.15.



37:1-12.2. Trust fund to aid victims of domestic violence.

2. The Department of Human Services shall establish a trust fund for the deposit of the fees received pursuant to section 1 of P.L.1981, c.382 (C.37:1-12.1). The moneys from the trust fund shall be used for the specific purpose of establishing and maintaining shelters for the victims of domestic violence, or a. for providing grants-in-aid to such shelters established by local governments or private nonprofit organizations; or b. for providing grants-in-aid to non-residential agencies whose primary purpose is to serve victims of domestic violence in those counties which do not have emergency residential shelters for victims; or c. for providing grants-in-aid to any nonprofit, Statewide coalition whose membership includes a majority of the programs for battered women in New Jersey and whose board membership includes a majority of representatives of these programs and whose purpose is to provide services, community education, and technical assistance to these programs to establish and maintain shelter and related services for victims of domestic violence and their children.

L.1981, c.382, s.2; amended 1992, c.136, s.2; 2006, c.103, s.16.

Last modified: April 1, 2009



37:2-10. Married woman's liability for debts contracted before or after marriage
A husband shall not be liable for the debts of his wife contracted before their marriage, or contracted by her, in her own name, after their marriage, but she shall be liable to be sued separately therefor in her own name, and any property belonging to her shall be liable to satisfy such debts, in the same manner as if she were a feme sole.

Last modified: April 1, 2009