Changing Name After Marriage: A Comprehensive Guide

The tradition of a woman taking her husband’s last name after marriage dates back centuries. While the process is not mandatory, it is still widely practiced in many cultures. However, in recent times, men have also begun to change their name after marriage. If you are one of those contemplating a name change after marriage, you have come to the right place. In this article, we will present a comprehensive guide to changing your name after marriage.

Why Change Your Name?

The first thing you need to consider is why you want to change your name. The most common reason is, of course, marriage. However, there could be other reasons like:

• Divorce- After a divorce, women often go back to their maiden names
• Change in personal beliefs or religion
• Adoption into a new family
• Professional Reasons

Whatever your reason, changing your name has legal, emotional, and social implications. It is not a decision to be taken lightly.

Preparation

Before you start the process of changing your name, there are a few things you need to do:

1. Decide on the new name: If you are getting married, discuss with your partner on what name you would like to take. You can incorporate both your last names, take one of your partner’s last names, or come up with a completely new last name. If you are changing your name for other reasons, decide on the new name you would like to adopt.

2. Fulfill Residency Requirements: You must be a resident of the state where you plan to file the name change petition for at least six months before you can proceed further.

3. Check Laws and Regulations: The name change process differs from state to state. Before you proceed, check the state’s laws and regulations for the name change process. You can get information from your state or county website.

4. Take Sufficient Copies: Once your name change is approved, you will have to update your identification documents like driver’s license, passport, social security card, etc. Make sure to take sufficient copies of the court order or marriage certificate to present to the issuing agencies.

Legal Process

The legal process of changing your name involves filing a petition in court. Though the process may differ from state to state, the following are the general steps:

Step 1: File a Petition

To legally change your name, you will have to file a petition in a court in your county. The petition needs to include your current name, new name, reason for the change of name, and proof of residency. You will also have to pay a fee to file the petition. The fee varies from state to state.

Step 2: Publication

Some states require you to publish a notice of intent to change your name in the local newspaper. This is done so that if anyone has any objections to your name change, they can raise them in court. You will have to do this at least two to three weeks before your hearing date.

Step 3: Hearing

Once your petition is filed, you will be given a hearing date. You, along with your witnesses, will have to appear in court on that day. During the hearing, the judge will ask you why you want to change your name. If the judge deems it necessary, they may ask you to state the reason under oath. The judge also checks if your name change has any ulterior motives or violates any laws.

Step 4: After Approval

Once your name change is approved, you will receive a court order to that effect. You can use this court order to update your identification documents.

Name Change After Marriage

If you are changing your name after marriage, the process can be more straightforward.

1. Start with Social Security

Your social security number is the most important identification number. You will have to update your name with the Social Security Administration (SSA) first. To do that, fill out an application for a new Social Security card with the SSA. You will have to provide a certified of your marriage certificate or court order for the name change, along with other identification documents.

2. Update Your Driver’s License

Once you have your new Social Security card, update your driver’s license or state identification card. Typically, you will have to present your new social security card, marriage certificate, current identification document, and proof of residence.

3. Update Your Passport

If you plan on traveling outside of your home country, make sure to update your passport. The process of updating your passport requires filling out a DS-11 Application for a U.S Passport. You will need to provide a certified of your marriage certificate or court order, identification document, passport photo, and payment fee.

4. Other Agencies

If you have any other identity documents, like credit cards, voter registration, or insurance policies, update them as soon as possible. Each agency has its own rules and regulations for name changes.

Name Change Checklist

1. File a Petition
2. Publication
3. Hearing
4. After Approval
5. Update Your Social Security Card
6. Update Your Driver’s License
7. Update Your Passport
8. Other Agencies

Conclusion

Changing your name after marriage or for any other reason is a personal choice. It comes with numerous legal, professional, and social implications. Before you start the process, consider your reason, the legal process in your state, and the time needed to update all your important documents. Follow the guidelines presented in this article to make the process as smooth and hassle-free as possible. Good luck!

Name Change After Marriage: Everything You Need to Know

A lot of people tend to view marriage as a fulfillment of a lifelong dream of being united with the person they love. It is often considered as a significant milestone in a person’s life that opens up new opportunities and experiences. However, apart from the emotional and romantic aspects of marriage, there are also some legal and bureaucratic processes that need to be taken care of, such as obtaining a marriage license, changing your social security number, and updating your name. In this article, we will focus on one of the most common bureaucratic processes that newly-married couples go through – changing your name after marriage.

Why do people change their names after marriage?

Changing your name after marriage is a common tradition that dates back centuries. In the past, it was often believed that a woman’s identity was tied to her husband, and taking his name symbolized her loyalty and commitment to him. However, as society has evolved, the reasons and motivations for changing your name after marriage have become more diverse and complex.

For some people, changing their name after marriage is a matter of personal preference or convenience. It could be that they prefer their partner’s last name to their own, or they want to simplify their name. For example, if someone’s name was difficult to pronounce or spell, they may feel empowered to change their name to something more simple and easy to remember.

For others, taking their partner’s name after marriage is a way to show their commitment and devotion to their partner. It is a symbolic gesture that signifies the beginning of a new chapter in their lives together. Similarly, changing your name after marriage can also serve as a unifying factor for a couple. It reminds them that they are now a team and they are in this together.

Finally, for some couples, combining their names or creating a new name is an option. This approach is often chosen by couples who do not want to take each other’s last name but still want to have a shared name. This unique approach to name change after marriage allows the couple to show their unity in a distinctive way.

What are the Options for Changing Your Name After Marriage?

If you are considering changing your name after marriage, you have a few options. The most common ones include taking your partner’s last name, hyphenating your last name with your partner’s, combining your last name with your partner’s, or creating a new name altogether.

Take your partner’s last name

Taking your partner’s last name is the simplest and most popular way to change your name after marriage. This option is also traditionally known as “Mrs. His Last Name,” and it involves legally changing your last name to your spouse’s. With this option, you will need to update your Social Security card, driver’s license, passport, and all other legal documents to reflect your new name. Most states require you to obtain a marriage certificate as proof of your name change.

Take your partner’s last name with a hyphen

Another common way to change your name after marriage is by hyphenating your last name with your partner’s. This option allows you to combine both your names in a unique way. For example, if your last name is Smith, and your partner’s last name is Johnson, your new last name could be Smith-Johnson. This option is popular among couples who want to show their unity while maintaining their own identity.

Combine your last name with your partner’s

Another option for couples who want to show their unity while maintaining their own identity is to combine their last names. This option involves taking a part of each other’s name and creating a new last name. For example, if your last name is Johnson, and your partner’s last name is Smith, your new last name could be Johnsmith. This option is a unique way of changing your name after marriage, and it allows you to keep both your family’s traditions alive.

Create a new name

For couples who want to have a completely new name after marriage, creating a new name is an option. This option allows the couple to come up with a new name that represents their union, shared values, or mutual interests. For example, a couple who loves the outdoors might choose a name like “Evergreen,” while a couple who values their family traditions might choose a name like “Heritage.” The options for creating a new name are endless, and this approach allows the couple to be creative and original.

Name Change After Marriage: Legal Steps to Follow

Regardless of which option you choose for changing your name after marriage, there are some legal steps you need to follow to ensure that your new name is recognized by all government agencies, financial institutions, and businesses. These steps include:

Obtain a copy of your marriage certificate.

To change your name after marriage, you need to have a legal document that proves you are married. This document is your marriage certificate, and it is issued by the government agency responsible for issuing marriage licenses. Once you have the marriage certificate, you can use it as proof of your name change.

Update your Social Security card

HOW DOES ONE CHANGE HIS/HER NAME UPON MARRIAGE?

Upon getting married it is customary for one spouse to adopt the surname of the other spouse.

Although this might seem complex it is actually very straightforward and simple.

The first step in changing names after marriage actually takes place prior to any ceremony. When filing a marriage license the adopting spouse will enter the new surname on the marriage license form.

There are a number of options that the adopting spouse has in adopting a new name. These include:

· The surname of the other spouse;

· The former surname of any spouse;

· A joint surname consisting of the maiden name of the adoptee spouse and the surname of the other spouse; or

· A combination of these surnames

Although it is customary for the wife to adopt the surname of the husband there is no law that requires such. In fact, there is no law that requires that a spouse change his or her name at all.

UPON CHANGING MY NAME WHAT ELSE DO I HAVE TO ACCOMPLISH?

Once an individual has filed the new surname on the marriage license and it has been filed the surname change will be official upon completion of the marriage ceremony and the filing of the certificate of the marriage registration form that should be filed by the official presiding over the marriage ceremony.

At that point, it is up to the individual with the new surname to contact all interested parties that may require that information. Informally this will mean notifying friends and family.

Formally this will involve notification to the Social Security Administration so that records associated with the individual’s social security identification card may reflect the new surname and prevent a negative effect on social security payments, earnings, etc.

In addition, some states require that an individual who changes his or her name file with the County Recorder in any jurisdiction where he or she may own real property.

Some states also require that individuals who have a criminal history file their name change within a certain period of time after that name change.

It is also beneficial to obtain a new driver’s license and passport with the newly adopted surname at your convenience.

A person who has changed their surname will also want to contact other interested parties including employers, schools, insurance agencies, physicians, tax authorities; and utilities.

I WANT TO CHANGE MY NAME BACK, WHAT DO I DO?

If an individual would like to change his or her name back to their original surname or change it to any other name there are procedures that need to be followed.

First, most states require a filing fee of somewhere between $30 and $70. Secondly, that individual will need to complete a form often known as a “name change petition.”

Depending on the State you are in the individual will need to bring a birth certificate or proof of that individual’s birth. Finally, upon completion of all this information, a judge will review the petition and either grant or deny the name change.

Upon the granting of a name change, most States require the publication of the new name for a specific period of time. This may include the publication of the new surname in a newspaper so that the public is maybe aware.

As with any other matter involving marriage, family law, or domestic relations; these laws are primarily State-specific and one should research their specific State laws and requirements before proceeding with any legal matter.

Common Law Marriage in Pennsylvania: An Overview

Many people believe that Pennsylvania recognizes common law marriage. However, this is not entirely true. Although Pennsylvania did recognize common law marriages before 2005, the law has since changed, and it is now more difficult to establish a common law marriage in the state. This article will provide an overview of common law marriage in Pennsylvania, including what it is, how it has changed over time, and how you can protect your rights if you are in a common law marriage.

What is Common Law Marriage?

Common law marriage is a legal concept that allows couples to establish a marriage without going through the formal ceremony or obtaining a marriage license. Instead, the marriage is based on the parties’ mutual agreement to be married and their conduct as a married couple. Typically, a common law marriage is established when the parties hold themselves out to the public as husband and wife and live together for a significant period of time. Pennsylvania used to recognize common law marriage as a way for couples to establish legal rights and obligations, but this is no longer the case.

How has the Law Changed in Pennsylvania?

In 2005, the Pennsylvania legislature changed the law regarding common law marriage. Before this change, a couple could establish a common law marriage in Pennsylvania by showing that they had an agreement to be married, that they cohabitated as husband and wife, and that they held themselves out to the public as married. However, the new law stated that common law marriages can only be established before January 1, 2005. This means that couples who began living together after that date cannot establish a common law marriage in Pennsylvania.

In addition, the new law requires that a couple who wants to establish a common law marriage must do so by filing a declaration of their intent to be married with the appropriate government agency. This declaration must include the names of both parties, their birth dates, and their current addresses. It must also include a statement that the parties intend to be married and that they are not currently married to anyone else. The declaration must be signed by both parties and notarized. Once the declaration is filed, the couple will be considered married under the common law.

How Can You Protect Your Rights in a Common Law Marriage?

If you are in a common law marriage in Pennsylvania, it is important to understand your legal rights and obligations. Although you may not have gone through a formal ceremony or obtained a marriage license, you are still considered legally married under the common law. This means that you have many of the same rights and obligations as a couple who went through the formal process of getting married.

For example, if you and your partner decide to separate, you may need to go through a formal divorce process to divide your property and resolve other issues. You may also have the right to spousal support, child support, and other financial benefits if you are legally married. However, if you are not legally married, you may not have these rights.

To protect your rights in a common law marriage, it is important to take certain steps. First, make sure that you have filed a declaration of your intent to be married with the appropriate government agency. This will establish your common law marriage and ensure that you have legal rights and obligations as a couple. You should also consider creating a written agreement with your partner that outlines your rights and obligations during the marriage and in the event of a separation or divorce.

Conclusion

While Pennsylvania used to recognize common law marriage, the law has since changed and it can be more difficult to establish a common law marriage in the state. If you are in a common law marriage in Pennsylvania, it is important to understand your legal rights and obligations, and to take steps to protect your interests. By filing a declaration of intent to be married and creating a written agreement with your partner, you can ensure that you have the same legal protections as a couple who went through the formal process of getting married.

Guide to Common Law Marriage in Pennsylvania

There are many myths surrounding common law marriage in PA.

Many people believe that you are entering into a common-law marriage in Pennsylvania if you cohabitate with a partner for long enough, or have children together and share a last name.

However, the truth is significantly more complex. This guide will help you understand the realities of common law marriage in PA, and whether your common-law marriage will be recognized by the state.

History of Common Law Marriage in Pennsylvania

common law marriage in PA is an expression of tradition that began in England before the founding (or, indeed, even the discovery) of the United States.

In England, a couple only had to privately say their wedding vows to each other and were then considered married by the unwritten law (the “common law,” as it was called). Couples married in this way had all the rights and responsibilities of any other couple, and could not remarry without an annulment or divorce.

Common-law marriage in Pennsylvania adhered closely to the old doctrine of common law marriage from England. In order to have a common-law marriage in PA, two people simply had to use what was called “words of present intent” expressing that they now considered themselves married.

Once the words had been said, a common-law marriage in Pennsylvania existed. Couples who had married in this way would need to file for divorce if they wished to split up, and had the same rights as any married couple for estate purposes.

In 2003, a court decision seemed to outlaw common law marriage in PA. The appellate court in the case said that common law marriage in Pennsylvania made it impossible for third parties, like creditors, to understand whether a couple was married or not.

The state of Pennsylvania cemented this ruling during the 2004 legislative session, pushing through a bill to end common law marriage in PA that was signed by the governor in October of that year.

Current Status of Common Law Marriage in Pennsylvania

While common law marriage in PA started in the 17th century, it survived only five years into this one. In 2005, the state legislature stopped recognizing the validity of any new Pennsylvania law on marriage.

Couples who had entered into a common-law marriage before January 2, 2005, still had their marriages recognized by the state, but no common-law marriages have taken place in the state since that time.

Out of State Common Law Marriages

Even though common law marriage in PA is no longer allowed, any person who is considered common-law married by their state is still married when they move out of the state.

Because of this, if you have a common-law marriage in any of the ten states that still allow them, you may move to Pennsylvania without fear of losing any of the benefits of marriage.

Common Law Marriage in Oregon: Myth or Reality?

For most Americans, the concept of common law marriage is a romantic notion that evokes images of old-fashioned values and a simpler way of life. However, this legal institution is far from being simple or well-understood. In Oregon, like in many other states, common law marriage is a contentious issue that raises important questions about family law, property rights, and social expectations. In this comprehensive article, we will explore the fascinating history of common law marriage in Oregon, its current status and limitations, and the challenges and opportunities it presents for couples who choose to forego traditional marriage.

The Origins of Common Law Marriage

To understand common law marriage, we must go back in time to the origins of the legal system that governs it. Common law is a body of legal principles and customs that originated in medieval England, and that has evolved over centuries of use and interpretation. Unlike statutory law, which is codified by legislatures, common law is based on previous court decisions and judgments, and is meant to reflect the evolving moral and social values of society. One of the most enduring principles of common law is the concept of marriage by consent, which holds that two people who agree to live together as husband and wife are legally married, even if they have not undergone any formal ceremony or obtained a marriage license.

The idea of common law marriage was imported to the United States by colonists, and has been recognized by many states since the early 19th century. In general, a common law marriage is established when two people have lived together for a certain period of time, usually several years, and have presented themselves as a married couple to their family, friends, and community. Although the exact requirements vary by state, the key elements of common law marriage are cohabitation, mutual consent, and holding themselves out as married.

Common Law Marriage in Oregon: The Basics

In Oregon, common law marriage is not recognized by statute, meaning that there is no specific law that defines or regulates it. However, the state does acknowledge common law marriages that were formed in other states where they are recognized, and that meet the requirements of Oregon law. Additionally, Oregon courts have recognized several cases involving unmarried couples who claimed common law marriage, and have applied the principles of common law to determine the validity of their relationships.

To be eligible for recognition as a common law spouse in Oregon, the couple must meet the following criteria:

– They must be at least 18 years old and competent to enter into a contract;

– They must have lived together for a significant period of time, usually seven years or more, though there is no fixed requirement;

– They must have presented themselves to others as being married, using phrases such as “husband” or “wife,” and holding themselves out as a couple;

– They must have manifested an intent to form a permanent, exclusive relationship, with the expectation of sharing a life together, and commingling their financial and personal affairs;

– They must have entered into the relationship voluntarily, without duress, fraud, or coercion;

– They must have had the capacity to consent to the relationship, meaning that they were not under the influence of drugs, alcohol, or mental illness at the time.

If these conditions are met, a common law marriage may be established, and the parties may have the same rights and obligations as if they were legally married. This includes property rights, inheritance, the right to make medical decisions for each other, and the ability to sue for wrongful death or loss of consortium. However, unlike a traditional marriage, a common law marriage cannot be dissolved by divorce, and the parties may need to obtain a court order or to file a lawsuit to resolve property disputes or other issues.

The Pros and Cons of Common Law Marriage in Oregon

As with any legal arrangement, common law marriage has its benefits and drawbacks, and couples should carefully consider their options before deciding to enter into it. Here are some of the pros and cons of common law marriage in Oregon:

Pros:

– Flexibility: Common law marriage allows couples to avoid the formalities and expenses of a traditional wedding and to create a relationship that is tailored to their needs and preferences. They can choose to live together or apart, to have children or not, and to structure their finances and property ownership as they see fit.

– Recognition: If a common law marriage is legally recognized in Oregon or in another state, the parties can enjoy the same rights and protections as married couples, including access to healthcare, social security, and other benefits.

– Informality: Common law marriage can be a good option for couples who value privacy and independence, and who want to avoid the social and legal expectations that come with traditional marriage. They can define their own roles and responsibilities, and be free from public scrutiny or judgment.

– Legal remedies: Common law marriage can provide a legal framework for resolving disputes and protecting each other’s interests, especially in cases of separation or death. By establishing a clear intention to be married, the couple can avoid the uncertainty and acrimony that can arise when one partner claims that the other was only a roommate or a casual acquaintance.

Cons:

– Uncertainty: Common law marriage is a complex and often unpredictable legal concept, and its recognition and enforcement may depend on a variety of factors, including the state of residence, the length of the relationship, and the interpretation of the courts. In Oregon, common law marriage is a controversial topic, and many judges and legal scholars have expressed doubts about its validity or fairness.

– No safety net: Unlike legally married couples, common law spouses do not have automatic rights to alimony, child support, or property distribution in case of a breakup or a death. They may need to prove their relationship in court, and to provide evidence of their financial and emotional contributions.

– Lack of clarity: Because common law marriage is not defined or regulated by Oregon law, there may be confusion or disagreement about what constitutes a valid or binding relationship. This can lead to disputes over property, debts, and other legal matters, and can affect the lives of the children, friends, and relatives of the couple.

– Social stigma: While common law marriage is becoming more accepted and popular in some circles, it still carries a stigma in many parts of society, especially among older people and traditionalists. Some people may view it as a sign of moral laxity, indecisiveness, or lack of commitment, and may treat common law spouses differently from legally married couples.

Recent Developments in Common Law Marriage in Oregon

As mentioned earlier, common law marriage in Oregon is a complex and contested topic, with many legal, social, and emotional implications. In recent years, there have been several developments that have impacted the recognition and regulation of common law marriage in the state. Here are some of the most significant ones:

– Domestic partnership laws: In 2007, Oregon became one of the first states to enact a domestic partnership law, which allowed same-sex couples to register with the state and enjoy some of the same legal benefits and protections as married couples. While domestic partnerships are not equivalent to common law marriages, they have provided a legal framework for recognition and support of non-traditional relationships.

– Court rulings: In a landmark case in 1997, the Oregon Court of Appeals recognized a common law marriage between two men, despite the fact that Oregon law did not allow for same-sex marriage at the time. Since then, several other Oregon courts have applied the principles of common law marriage to unmarried couples of different genders, in cases involving paternity, property division, and other issues.

– Legislative proposals: Over the years, there have been several attempts to clarify or codify the status of common law marriage in Oregon. In 2017, a bill was introduced in the Oregon Legislature to create a statutory framework for common law marriage, but it did not pass. Some observers argue that such a law would enhance the predictability and transparency of common law marriage, while others warn that it would undermine the flexibility and informality that has made common law marriage attractive to many couples.

Conclusion

Common law marriage in Oregon is a complex and evolving legal concept that raises many important questions about family law, property rights, and societal expectations. While it is not explicitly recognized by Oregon law, it can have significant legal and practical implications for couples who choose to forego traditional marriage but still want to create a lasting and meaningful relationship. As with any legal arrangement, common law marriage requires careful thought, planning, and communication, and it may benefit from the guidance of legal professionals and advisors. Whether common law marriage is a myth or reality in Oregon, it remains a fascinating and resilient aspect of American legal culture, and a testament to the enduring power of love and commitment.

Guide to Common Law Marriage in Oregon

Many cohabiting couples believe that their relationship qualifies as a common-law marriage in OR.

If you believe you are in this type of relationship, or you want to know how to enter into a common-law marriage in Oregon, you need to understand the state’s marriage laws.

This guide will teach you about current laws surrounding common law marriage in OR so that you can be informed about your own rights in a cohabiting relationship.

For more in-depth information or legal advice about your specific situation, you may want to contact a family Oregon lawyers who can answer your questions about common law marriage in Oregon

History of Common Law Marriage

Common-law marriage began in England centuries ago. Although most couples in medieval times married in a church, marriages were considered valid according to the country’s unwritten (“common”) laws even if a couple had said their vows privately, without witnesses.

In many U.S. states, the common law tradition continued, and couples who cohabited and “held themselves out” as husband and wife by taking the same name and filing joint tax returns could be considered common-law married.

When a couple had a common-law marriage, they were allowed all of the rights of married couples. They also were required to file standard divorce papers and could not break up their relationship without going through divorce proceedings. Unlike most states, common law marriage in OR was never approved by the legislature or judiciary.

Is Common Law Marriage in Oregon Currently Legal?

Common-law marriage in OR, like in several other states, has never been a recognized arrangement. While nothing prohibits a cohabiting couple from describing each other as husband and wife, no legal recognition for common law marriage in Oregon exists and couples will not have the protections of marriage regardless of how long they have cohabited or whether they have children.

Because there are no statutes legalizing common law marriage in OR, couples who have been cohabiting do not have to file for divorce (and in fact, a divorce petition would be rejected by the courts).

Alternatives to Common Law Marriage in Oregon

Many people do not know that there is no legal common law marriage in OR and believe they have the protections of marriage when in fact they do not.

If you want to have some of the benefits of a common-law marriage in Oregon without actually taking wedding vows, you may have to consult with a family attorney.

A family attorney may be able to help you and your partner establish a partnership contract, medical power of attorney, or other legal relationship that can give you some similar benefits to marriage.

Out of State Common Law Marriages

While common law marriage in OR is not recognized if the marriage is contracted in the state, ten states and the District of Columbia do still allow common-law marriages.

If you were legally common law married in another jurisdiction, you can still continue your common law marriage in Oregon.

Common Law Marriage in New Jersey: Everything You Need to Know

While many states in the United States recognize common law marriage, New Jersey is not one of them. Common law marriage in New Jersey is not recognized or validated, meaning that no one can legitimately enter into a common law marriage in the state. However, couples who have lived together for a significant amount of time without getting married may have certain rights and legal protections.

Understanding Common Law Marriage

Common law marriage is an arrangement between two individuals who live together and hold themselves out to be married without obtaining a formal marriage license. Typically, the two individuals must meet certain criteria, such as agreeing to be married, living together for a certain amount of time, and presenting themselves as married to others.

In states where common law marriage is recognized, couples who meet these criteria are considered married and are entitled to the same legal rights and protections as those who obtained a formal marriage license. These rights and protections can include property rights, inheritance rights, the ability to make medical decisions for each other, and the ability to receive spousal benefits.

Why is Common Law Marriage Not Recognized in New Jersey?

New Jersey is one of only a handful of states that does not recognize common law marriage. The state has held this stance for many years. While some states recognize common law marriage out of tradition, New Jersey has chosen not to due to its strict legal system.

Due to the lack of formal qualifications and requirements for entering into a common law marriage, there is no clear legal foundation upon which to establish the necessary protections and rights for these couples. Therefore, the state requires couples who are looking for property or inheritance rights to legally tie the knot and obtain a formal marriage license.

Cohabitation Rights in New Jersey

While common law marriage is not recognized in New Jersey, couples who have lived together for a significant period of time may still have certain rights and protections under the law. For example, if a couple has lived together for a period of time and acquired property or assets, such as a joint bank account, they may be entitled to a portion of those assets in the event of a breakup.

Additionally, New Jersey allows cohabiting couples to establish a cohabitation agreement, which can help establish legal rights and protections in the event of a breakup, death, or other unforeseen circumstances. This agreement can cover property ownership, inheritance, and other crucial legal issues.

Another important consideration for cohabiting couples is the issue of custody. If the couple has children together, a custody agreement can be established to ensure that both parents have legal rights and responsibilities when it comes to caring for and raising the children.

Benefits of Marriage in New Jersey

While common law marriage is not recognized in New Jersey, there are many benefits to getting legally married. These include:

Property Rights: Married couples in New Jersey enjoy certain property rights, which can be critical if the couple acquires assets or property over time.

Inheritance Rights: When one spouse passes away, the other spouse is entitled to certain inheritance rights, including the right to inherit assets and property.

Medical Decision-Making: Married couples have the legal right to make medical decisions for each other, which can be critical in the event of a medical emergency.

Tax Benefits: Married couples in New Jersey may be entitled to certain tax benefits, such as the ability to file a joint tax return.

Social Security Benefits: Spouses may be entitled to certain Social Security benefits in the event of the other spouse’s death.

Overall, the benefits of getting married in New Jersey far outweigh the disadvantages of not having common law marriage recognized.

Conclusion

While common law marriage is not recognized in New Jersey, cohabiting couples still have the ability to establish certain legal rights and protections through a cohabitation agreement. Additionally, getting married offers numerous benefits and protections that can be critical in the event of a breakup, death, or other unforeseen circumstances.

As of now, the state of New Jersey has not indicated any plans to recognize common law marriage in the future. Therefore, couples who wish to obtain the legal rights and protections associated with marriage must continue to obtain a formal marriage license.

What is a Common Law Marriage?

Common law marriages are forms of interpersonal statuses that are legally recognized in a handful of jurisdictions as a formal marriage even though no legally recognized marriage ceremony is performed.

Often referred to as an informal marriage, common-law marriages do not create a legally binding contract between husband and wife.

That being said, even though a common-law marriage does not enter the couple into a civil registry—due to the exclusion of a marital contract—the formation is recognized as legitimate—in the eyes of the law—in some jurisdictions throughout the United States.

The term “common-law marriage” is synonymous with a non-marital relationship such as a reciprocal beneficiary’s relationship or a domestic partnership.

The primary distinctions of common-law marriage include the following:

• Common law marriage NJ: Common law marriages are never licensed by a government body; however, (as stated above) they may be recorded in the public records of a government entity.

In general, a common-law marriage does not need to be registered; it is up to the discretion of a government to file the common law marriage.

• Common law marriage NJ: Common law marriages are never solemnized before witnesses in a formal wedding ceremony

• Common law marriage NJ: Both parties are required to otherwise be qualified to enter into a marriage; both parties must be unmarried, be of sound mind, and in most states, not be sentenced to life in prison

• Common law marriage NJ: In some jurisdictions throughout the United States, participating couples must have cohabitated and held themselves to the public as spouses for an extended period of time for the marriage to be recognized as valid.

Is Common Law Marriage New Jersey Allowed?

As stated above, New Jersey law on marriage is one in which the individuals hold themselves out as husband and wife; however, in certain circumstances, the couple may be deemed as legally married without the presence of a formal ceremony or a marriage license.

Common-law marriage in NJ is not permitted. The state of New Jersey does not allow for the creation of common law marriage as a relationship in which a couple lives together without participating in a formal/lawful ceremony.

Unlike other states in the U.S.; however, New Jersey does not allow a couple to acquire marital rights by living together for a specified period of time. As such, a couple will not be required to pursue legal action to end such a bond if the said relationship was created in New Jersey.

Although Common Law Marriage New Jersey is not practiced in the state, New Jersey does recognize as valid, common-law marriages created outside of the state, if the legal requirements of those states are fulfilled.

So, common law marriage in New Jersey is not permitted; however, common-law marriages in other states will be upheld in New Jersey if they are formed in adherence to the other state’s requirements.

Because of this standing, legal action is required to dissolve common law marriage in New Jersey that is created outside of the state or country. New Jersey courts are responsible for determining the rights of parties residing in New Jersey.

As long as a couple shares the same domicile as husband and wife, the question regarding the validity of their common law marriage in New Jersey is unlikely to arise. However, for issues pertaining to inheritance of social security, assets, pension plans, etc. a valid marriage is required in the state of New Jersey

A marriage license is a legal document that authorizes the union of two individuals in marriage. It is an essential document that proves that two people have legally entered into a marriage. The process of obtaining a of a marriage license can be complicated and varies from state to state. In California, the process of obtaining a of a marriage license is straightforward and easy to understand. In this article, we will explore everything you need to know about obtaining a of a marriage license in California.

What Is a Marriage License?

A marriage license is a legal document that authorizes the union of two individuals in marriage. It is a legal record that proves that two people have entered into a marriage and have met all the legal requirements to do so. The issuance of a marriage license is an essential part of the marriage process as it ensures that the marriage is valid and legal. A marriage license is required for any couple who wants to get married and must be obtained before the wedding ceremony.

Marriage licenses are issued by the county clerk’s office in the county where the couple intends to get married. The requirements for obtaining a marriage license vary from state to state, and in some cases, from county to county.

What Are the Requirements for Obtaining a Marriage License in California?

In California, couples who want to get married must meet certain requirements to obtain a marriage license. The following are the requirements for obtaining a marriage license in California:

– Both parties must be at least 18 years old. If one or both parties are under 18, they must get permission from a parent or guardian and obtain a court order.
– Both parties must not be currently married to someone else or in a domestic partnership.
– Both parties must be present to obtain the marriage license.
– Both parties must present a valid form of photo identification, such as a driver’s license or passport.
– Both parties must provide their full names, birthdates, birthplaces, and social security numbers (optional).
– Both parties must pay a fee of $90 for the marriage license.

How to Apply for a Marriage License in California

In California, couples who want to get married must apply for a marriage license at the county clerk’s office in the county where the wedding ceremony will take place. The following is the process for applying for a marriage license in California:

1. Obtain and Complete the Marriage License Application

Visit the county clerk’s office website or go to the office in person and obtain a marriage license application. The application can be completed online or in person. Both parties must complete the application and sign it in the presence of the county clerk.

2. Provide Identification and Other Information

Both parties must provide a valid form of photo identification, such as a driver’s license or passport, and their full names, birthdates, birthplaces, and social security numbers (optional).

3. Pay the Marriage License Fee

The fee for a marriage license in California is $90. Payment can be made by cash, check, or credit card.

4. Wait for the Marriage License to Be Issued

After completing the application and paying the fee, the county clerk will issue the marriage license. The couple can obtain the marriage license immediately or receive it by mail.

How to Obtain a of a Marriage License in California

Once the marriage license has been issued and the wedding ceremony has taken place, couples can obtain a of their marriage license from the county clerk’s office. The following is the process for obtaining a of a marriage license in California:

1. Obtain and Complete the Marriage Record Request Form

Visit the county clerk’s office website or go to the office in person and obtain a marriage record request form. The form can be completed online or in person. Provide the full names of both parties as they appear on the marriage license, the date of the marriage, and the county where the marriage took place.

2. Pay the Marriage Record Fee

The fee for a certified of a marriage license in California is $15 for the first and $2 for each additional ordered at the same time. Payment can be made by cash, check, or credit card.

3. Wait for the Marriage Record to Be Issued

After completing the request form and paying the fee, the county clerk will issue a certified of the marriage license. The couple can obtain the immediately or receive it by mail.

Conclusion

A marriage license is a legal document that authorizes the union of two individuals in marriage. In California, obtaining a marriage license is a straightforward process that requires both parties to meet certain requirements and complete an application. Once the wedding ceremony has taken place, couples can obtain a of their marriage license from the county clerk’s office by completing a request form and paying a fee. Obtaining a of a marriage license is essential for legal purposes and can help couples prove their marital status for various reasons.

How to Obtain Copies of Marriage Licenses in California 

Receiving a Copy of Marriage License in California

There are a number of steps you’ll have to take in order to receive copies of marriage licenses in California, but these steps are quite easy if followed in order.  These steps are listed in the following sections, and you can also find information for finding your local county recorder in this article as well.

Step 1 Retrieve and fill out Application for Certified Copy of Marriage Record

You will have to bring a specific form to the county recorder while receiving the copy of marriage license in California.  There are multiple sections in this form, and you must sign a sworn statement that is attached at the bottom of the form in order to receive copies of marriage licenses in California.

You’ll have to fill out applicant information, marriage record information, and the sworn statement that clarifies you are of proper relation to the person listed in the copy of marriage license in California.

This form can be found under the California Department of Public Health or at the following link.

Step 2: Bring all necessary items and payments

In order to receive copies of marriage licenses in California, you’ll have to bring all necessary identification, related forms, and the required amount of fees.  Descriptions of these items are listed below:

1. Identification- In order to receive a copy of marriage license in California, you’ll have to bring valid id, which is recognized as a driver’s license, birth certificate, U.S. passport, military ID car, or your Social Security number.

2. Divorce Decree- If you have been recently divorced, you must bring a copy of the divorce decree in order to qualify for copies of marriage licenses in California.  The decree must state that enough time has passed in order for the divorce to be viewed as official.

3. Pay the Fees- In order to submit the application for a copy of marriage license in California, you must submit a check or money order of $14 for every copy your wish to receive.  Even after the marriage becomes official, you will not receive a copy of marriage license from the state, and you will have to return the original with authorization and signature from the person who performed the marriage within 10 days.

How do I contact my County Recorder? 

In order to contact your county recorder for copies of marriage licenses in California, you can use several different resources to bring you to the same contact information.  The easiest method you can use is following the link provided below under the California Department of Public Health.

The county recorders listed throughout the entire state of California provide copies for not only marriage licenses but birth and death records as well.  Make sure you have all the required forms and information with your before you travel to the county recorder.  They will not accept an application without required information and/or fees.

Annulment of Marriage in California

Marriage is a legal contract between two people that is meant to last a lifetime. However, not all marriages last forever, and some couples may find that they need to end their marriage for various reasons. In California, there are two ways that a marriage can be terminated – by divorce or annulment. While divorce is a common way of ending a marriage, annulment is a lesser-known process that is often misunderstood. This article will provide an in-depth look at annulment of marriage in California, including what it is, how it works, and when it can be granted.

What is an Annulment?

An annulment is a legal process that declares a marriage null and void. In other words, it is as if the marriage never existed in the eyes of the law. Annulment is different from divorce because divorce ends a legal marriage that was once valid, while annulment declares that the marriage was never valid to begin with.

Why Seek an Annulment?

There are several reasons why someone may seek an annulment instead of a divorce. First and foremost, annulment may be sought if one or both parties believe that the marriage was invalid from the start. This could be due to a number of factors, such as fraud, coercion, or a lack of capacity to consent to the marriage.

Fraud: If one party was induced into the marriage by fraud, such as if the other party lied about their identity, their financial situation, or their ability or intention to have children, an annulment may be granted.

Coercion: If one party was forced or coerced into the marriage, such as through threats or physical violence, an annulment may be granted.

Lack of Capacity: If one or both parties lacked the mental capacity to understand what they were doing when they got married, an annulment may be granted. This could be due to intoxication, mental illness, or other factors that rendered one or both parties unable to give proper consent.

In addition to these reasons, an annulment may also be sought if the marriage was prohibited by law. For example, if the parties were closely related, if one or both parties were already married, or if one or both parties were under the age of 18 at the time of the marriage.

How Does an Annulment Work?

The process of obtaining an annulment in California is similar to that of a divorce, but there are some key differences. In order to obtain an annulment, one or both parties must file a petition with the court asking for an annulment. The petition must state the grounds for the annulment, such as fraud, coercion, or lack of capacity.

Once the petition is filed, the other party must be served with a of the petition and given the opportunity to respond. If the other party agrees to the annulment, the process can be relatively straightforward. However, if the other party contests the annulment, the case will go to trial and the parties will have to present evidence to support their claims.

Unlike in a divorce, there is no waiting period for an annulment in California. However, there are strict time limits for seeking an annulment based on the grounds for the annulment. For example, if fraud is the grounds for the annulment, the petition must be filed within 4 years of discovering the fraud. If lack of capacity is the grounds for the annulment, the petition must be filed within 4 years of the marriage.

Effects of an Annulment

If an annulment is granted, the marriage is declared null and void as if it never existed. This means that the parties are not considered to have ever been married, and they do not have any of the legal rights or obligations that go along with marriage, such as property rights, spousal support, or the ability to make medical decisions for one another.

However, if the parties have children together, they will still have legal rights and obligations related to their children, such as child custody, visitation, and child support. In addition, if the parties entered into a prenuptial agreement before the marriage, that agreement may still be enforceable even after the annulment.

Conclusion

Annulment of marriage is a legal process that declares a marriage null and void. It is a lesser-known process than divorce, but it may be sought for various reasons, such as fraud, coercion, or lack of capacity. An annulment can be obtained by filing a petition with the court, and there are strict time limits for seeking an annulment based on the grounds for the annulment. If an annulment is granted, the parties are not considered to have ever been married, but they may still have legal rights and obligations related to their children and any prenuptial agreement that was entered into before the marriage.

Guide Guide to Annulments in California 

Grounds for Annulments of Marriage in California

If you want to receive an annulment of marriage in California, you must have a valid reason for seeking an annulment, and you must go through a variety of different steps depending on if you’re in a marriage or domestic partnership.  All of the information in this article is taken from the following website, and for more valuable information, you should consider visiting the link.

Legal Reasons for Annulments of Marriages in California

If you want to file an annulment of marriage in CA, you need a valid legal reason.  The issue may be contested within court in several circumstances, and statues of limitations allow a couple to stay married or within a domestic partnership after a certain amount of time.  For these exceptions, visit the link provided above.  Otherwise, an annulment of marriage in California may occur if:

• the marriage is incestuous

• either spouse is proven to be bigamous

• either party was under the age of 18 years old at the time of marriage or partnership

• Unknown prior marriage of partnership if former spouse was absent for 5 years and not known to be living

• either party was of unsound mind during the declaring of the marriage or partnership

• either party entered into the union while committing fraud

• either party forced the other to enact the union

• either party was physically incapacitated at the time of the marriage and the condition remains incurable

You may find you cannot obtain an annulment of marriage in California, but you may have other options.  It’s usually best to talk with a family law attorney in order to know what legal rights you have for annulments of marriage in California or other forms of separation.

Steps for Annulments of Marriage in California

In order to legally undergo an annulment of marriage in California, the following steps must be taken.  For specific forms you’ll need and be able to print out, visit here and look under the appropriate step:

1. Fill out court forms: you’ll need different kinds of forms for annulments of marriages in California depending on if you’re under 18, in a domestic partnership, or in a standard marriage.

2. File the forms with the County Clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary forms for child support, spousal support, or other issues within annulments of marriage in California.

3. Serve the forms to the other party indirectly: you must serve the required forms through another party by hand or by mail.  For the required forms and other various steps in this steps of the annulment of marriage in California, visit the following website.

4. Set up a court hearing: annulments of marriages in CA must supporting factors must hold up in court, and you should hire a lawyer to help you prepare for the trial.

Marriage Certificate Georgia: Everything You Need to Know

Getting married is undoubtedly one of the biggest events in anyone’s life. It marks the beginning of a new journey with your beloved partner. And if you’re tying the knot in the beautiful state of Georgia, you must have some questions about the process of obtaining your marriage certificate.

In this comprehensive guide, we’ll take you through everything you need to know about obtaining your marriage certificate in Georgia.

What is a Marriage Certificate, and Why Do You Need It?

A marriage certificate is a legal document that serves as proof of marriage. It officially recognizes your union as a married couple. It’s an essential document that allows you to:

– Legally change your last name

– Access spousal benefits such as health insurance

– Apply for joint credit or loans

– Authorize your spouse to make medical decisions for you in case of an emergency

– File your taxes jointly

– Inherit property from your spouse

– And more

You can obtain a marriage certificate from the county where you applied for a marriage license.

Marriage License vs. Marriage Certificate

Before we dive into the process of obtaining a marriage certificate, let’s clear up a common confusion – the difference between a marriage license and a marriage certificate.

A marriage license is the first step in the legal process of getting married. It’s a document that grants you permission to get married. You must have a marriage license before your wedding ceremony, and you must show it to the officiant who will be performing the ceremony.

On the other hand, a marriage certificate is a legal record of your marriage that proves the union was legally recognized. It’s an official document that you’ll need long after your wedding day.

So, while the marriage license is a temporary document that you’ll only need for your ceremony, the marriage certificate is a permanent record that you’ll have for life.

How to Apply for Marriage License in Georgia

To obtain your marriage certificate, you first need to apply for a marriage license. Here’s the process in detail:

Step 1: Gather the Required Documents

Before you head to the courthouse, make sure you have the necessary documents. You’ll need:

– A valid photo ID, such as a driver’s license, passport, or military ID

– Proof of age, which can be your birth certificate or passport

– If you’ve been married before, you’ll need to show proof of your divorce or your previous spouse’s death

Step 2: Choose Your County

In Georgia, you can obtain your marriage license from any county’s probate court. You can get married in any county once you have a valid marriage license.

Make sure you pick the county where you plan to get married, as it will save you time in the long run.

Step 3: Apply for Your Marriage License

Once you’ve gathered all the necessary documents and chosen your county, it’s time to apply for your marriage license. Here’s how:

– Visit the probate court office where you plan to apply for your marriage license. You’ll need to go in person, as you can’t apply for a marriage license online.

– Fill out the marriage license application. You must provide accurate information, as false information can invalidate your license.

– Pay the application fee. In Georgia, the fee varies by county, typically ranging from $50 to $70.

– Wait for your license to be approved, which usually takes around 30 minutes.

– Once your license is approved, it’s valid for 60 days. You must get married within the 60-day period, or your license will expire.

How to Obtain Your Marriage Certificate in Georgia

After you’ve tied the knot, you can obtain your marriage certificate. Here’s what you need to know:

Step 1: Wait for Your Marriage Certificate to Be Processed

After your wedding, your marriage license will be sent to the probate court where you obtained it. They will then process it and send you your marriage certificate.

The processing time varies by county. Some counties provide same-day service, while others may take up to two weeks to process your certificate.

Step 2: Request Your Marriage Certificate

Once your marriage certificate is ready, you can request it from the probate court. You can do this in several ways:

– In person – Visit the probate court where you applied for your marriage license, show your ID, and request your certificate.

– By mail – Complete a marriage records request form and mail it, along with a photo of your ID and the appropriate fee to the probate court.

– Online – Some counties offer online request forms for your convenience.

Most counties charge a fee for a marriage certificate, which varies from $10 to $20.

Step 3: Use Your Marriage Certificate

Congratulations, you now have your marriage certificate! You can use it for various purposes, such as changing your last name, updating your social security and driver’s license, and proving your marriage for legal purposes.

Final Thoughts

Obtaining your marriage certificate in Georgia may seem like a lot of work, but it’s a necessary step to formalize your union. Remember, you must first obtain a marriage license before your ceremony, and then apply for your marriage certificate after the wedding.

Make sure you gather all the necessary documents, choose your county, and follow the application process correctly. With careful planning and proper execution, the process of obtaining your marriage certificate in Georgia should be a breeze.

We hope this article has been helpful and informative. Wishing you a lifetime of happiness and love together!

Procedures for a Marriage Certificate in Georgia

Marriage Certificates: Georgia

In order to receive a marriage certificate in Georgia, two people will have to meet a variety of qualifications, go through a number of steps to obtain and return the document, and make sure a marriage is rightfully approved by a judge.  You’ll find all necessary information about a marriage certificate in Georgia in this article.

Qualifying Factors for Marriage Certificates in Georgia

In order for a marriage to hold validity under state law and receive a marriage certificate in Georgia, the marriage cannot be listed under any of the following violations:

• a parent has married a child, a parent has married a stepchild, a grandparent has married a grandchild, or an aunt or uncle has married their nephew or niece

• either party did not have mental capacity during the contract

• either party was under 16 when they entered the marriage

• either party was forced into the marriage

• either party entered into the contract using fraud

• there was bigamy

There are a number of steps you’ll have to take after you meet qualifying factors for marriage certificates in Georgia.  These steps are listed below:

Step 1: Contact the Probate Court

In order to receive marriage certificates in Georgia, couples must contact the county clerk and travel to the office with a valid government forms of identification, their birth certificates, and the correct amount of funds for associated fees that will range from county to county in Georgia—unless the couple has completed premarital education.

Step 4: Make sure the marriage is rightfully approved by a judge

If you receive a marriage certificate illegally by someone unlawfully officiating the ceremony, the parties and the officiator may face criminal charges.  According to Section 19-3-48 of the official code, penalties for approving marriage certificates in Georgia that would otherwise be invalid is punishable of a misdemeanor.

Step 5: Return the Authorized Marriage Certificate in Georgia to your Probate Court

The person who solemnized the marriage will record their name on marriage certificates in Georgia, and the clerk will record that the marriage was performed abiding to state law.  After the marriage certificate in Georgia is signed you will have to return the form to the court you received the document from.

If you are a state citizen, marriage certificates in Georgia are obtained from the county you live in or any other county in the state.  If you are not a state citizen, you obtain the document from the county you wish to get married in.

Gay Marriage: Governor Chris Christie Veto Challenged by New Jersey Democrats

In 2013, Governor Chris Christie vetoed a bill that would allow same-sex couples to marry in New Jersey. The move was met with disappointment from the LGBTQ community and their allies, who saw it as a step back for equality in the state. However, the fight for gay marriage in New Jersey did not end there. In fact, it was just beginning.

Background on Same-Sex Marriage in New Jersey

Before we delve deeper into the veto and its aftermath, let’s take a brief look at the history of same-sex marriage in New Jersey. In 2006, the state passed a law that defined marriage as between a man and a woman. This led to a lawsuit by several same-sex couples who argued that denying them the right to marry violated their rights under the state constitution.

The case, known as Lewis v. Harris, went all the way to the New Jersey Supreme Court, which in 2006 ruled that same-sex couples were entitled to the same rights and benefits as opposite-sex couples, but stopped short of allowing them to marry. The court gave the state legislature 180 days to come up with a solution.

In response, the legislature passed the Civil Union Act, which gave same-sex couples many of the same legal rights and obligations as marriage, but stopped short of calling it marriage. This was seen as a compromise at the time, but it quickly became apparent that civil unions were not equal to marriage in terms of societal recognition and public perception.

Christie’s Veto

Fast forward to 2012, when Governor Christie was asked about the issue of same-sex marriage in a town hall meeting. He stated that he believed marriage should be between a man and a woman, and that he would veto any bill that attempted to legalize same-sex marriage in the state.

A year later, in February 2013, the New Jersey legislature passed a bill that would allow same-sex couples to marry. The bill made it to Governor Christie’s desk, and he carried out his promise by vetoing it. In his veto message, Christie stated that he believed the issue should be put to a statewide vote, rather than decided by a handful of legislators and judges.

Democrats Challenge the Veto

Not long after Christie’s veto, Democrats in the state legislature began to challenge it. They argued that the veto was unconstitutional because it denied same-sex couples the equal protection of the law, as guaranteed by the state constitution. They also pointed out that the state Supreme Court had already ruled in 2006 that same-sex couples were entitled to the same rights and benefits as opposite-sex couples.

In September 2013, the case made its way to a state court judge in Mercer County. The judge, Mary Jacobson, ruled that the state must allow same-sex couples to marry, citing the 2006 Supreme Court ruling and the U.S. Supreme Court’s decision in United States v. Windsor, which struck down a portion of the federal Defense of Marriage Act that defined marriage as between a man and a woman.

Judge Jacobson’s ruling was stayed pending appeal, meaning that same-sex couples could not immediately marry in the state. But the ruling was still a major victory for the LGBTQ community, and put pressure on Governor Christie to drop the state’s appeal and allow same-sex marriage.

Christie Rethinks His Position

Following Judge Jacobson’s ruling, Governor Christie announced that he would no longer fight the court’s decision and would allow same-sex marriage to proceed in the state. In a statement, he said that he had asked the state’s Attorney General to withdraw the appeal, and that the state would begin to recognize same-sex marriages immediately.

“I’ve always believed that marriage is between one man and one woman,” he said. “But in the end, this is just something that we need to put behind us and move on.”

The decision was seen as a major turning point in the fight for equality in New Jersey, and a sign that the tides were turning nationally. It also put Christie in a difficult position, as he was widely expected to run for president in 2016 and was seen by many as a potential Republican nominee. His change of heart on same-sex marriage was seen as going against the party line, which still largely opposes marriage equality.

The Future of Gay Marriage in New Jersey

Since the legalization of gay marriage in 2013, many same-sex couples in New Jersey have tied the knot. The state has also seen a shift in public opinion, with polls showing increasing support for marriage equality. As of 2017, same-sex couples can marry in every state, but the fight for full equality is far from over.

In fact, the Trump administration has taken steps to roll back protections for LGBTQ individuals, including rescinding guidance from the Obama-era that protected transgender students in public schools. The administration has also said it would support a federal “religious freedom” law that could allow individuals and businesses to discriminate against LGBTQ people on the basis of their religious beliefs.

Despite these setbacks, the LGBTQ community and their allies continue to fight for equality at the state and national levels. In New Jersey, lawmakers have introduced bills that would ban conversion therapy, which seeks to change a person’s sexual orientation or gender identity, and expand the rights of transgender individuals.

As for Governor Christie, his views on same-sex marriage may have changed, but his lasting legacy will be one of opposition and veto. While he eventually allowed same-sex marriage in the state, it was only after years of fighting by activists and Democratic lawmakers. The fight for equality may be ongoing, but every victory brings us one step closer to a more just society for all.

Democratic leaders in the New Jersey Legislature agreed to attempt to override Republican Governor Chris Chrstie’s gay marriage veto. If the unanimous veto fails, the state’s Democrats are open—for the first time—to place question in front of voters in November.

Assemblyman Reed Gusciora of Trenton, one of two gay state lawmakers, said Democratic leaders in the Assembly and Senate agreed to renew their efforts for legalizing gay marriage during a meeting on Thursday. The strategy is expected to include putting the question to the state’s voters in November with Christie on the ballot. Governor Christie, who is Catholic, opposes same-sex marriage.

The November ballot already is set to include a question on whether New Jersey should raise its minimum wage and Senator Barbara Buono, who supports both the minimum wage increase and gay marriage, at the top of ballot opposing Christie.

“This looks like a perfect storm to spark the Democratic base,” Gusciora opined.

Governor Christie, who vetoed the gay marriage bill last year, has urged lawmakers to pose the question to the public. “I am comfortable with the people of New Jersey making the decision,” Christie said Tuesday in Lavallette. “If they would like to put it on the ballot, then put it on the ballot.”

Senate President Stephen Sweeney, a loyal Democrat who was previously opposed to gay marriage but has since come to regret his stance and now supports it, previously refused to place the question in front of voters. Sweeney held same-sex marriage as a civil rights issue and one that does not belong on the ballot; however, with the help of Assembly Democratic Leader Lou Greenwald, the Senate President recognized the difficulty of overriding the Governor and agreed to keep their options open.

This maneuver displeases Troy Stevenson, who recently took over as President of Garden State Equality, the state’s most prominent gay-rights organization. Stevenson, who previously worked in Maine in 2009 on the losing end of a gay marriage referendum, believes the effort to secure gay marriage equality via a ballot initiative is expensive, divisive and particularly rough on families headed by same-sex couples.

The Democratic Legislature has never found success in overriding a Christie veto. To do so, they would need two-thirds majority in both the Assembly and Senate, which would require some Republicans to go against their governor.

Introduction

The issue of gay marriage has been a controversial and polarizing topic for many years. Some argue that same-sex couples should have the right to marry just like their heterosexual counterparts, while others argue that marriage should be restricted to opposite-sex couples only. Despite widespread opposition, gay marriage was legalized in many countries around the world. In this article, we will explore the history of gay marriage, current legislation, and the impact of this decision on society.

History of Gay Marriage

The debate over gay marriage is not new. Same-sex relationships have been documented throughout history. However, it was not until the 20th century that the fight for equality truly began. In 1969, the Stonewall riots took place in New York City, marking the beginning of the gay rights movement. In the following decades, activists fought for equal rights and protections under the law, including the right to marry.

In 1996, the Defense of Marriage Act (DOMA) was passed in the United States. This legislation defined marriage as a legal union between one man and one woman. It prevented same-sex couples from receiving federal benefits and protections, such as Social Security and tax benefits.

Despite this setback, the momentum for marriage equality continued. The first same-sex marriage in the world took place in the Netherlands in 2001. In the following years, other countries, including Canada, Spain, and Belgium, also legalized gay marriage.

In the United States, Massachusetts became the first state to legalize gay marriage in 2004. However, it was not until 2015 that same-sex marriage was legalized nationwide in the United States. This landmark decision by the Supreme Court in the case of Obergefell v. Hodges overturned DOMA and ensured that same-sex couples have the same rights and protections as opposite-sex couples when it comes to marriage.

Current Legislation

While the United States has legalized gay marriage, other countries are still grappling with the issue. As of 2021, 29 countries have legalized gay marriage, including Argentina, Australia, Brazil, Canada, Germany, and South Africa. However, in many other countries, homosexuality remains illegal, and same-sex couples do not have the right to marry.

In 2020, Switzerland became the latest country to legalize gay marriage. The law was passed following a national referendum, with 64% of voters in favor of allowing same-sex couples to marry. Swiss law had previously allowed registered partnerships for same-sex couples, but these partnerships did not provide all the same rights and protections as marriage.

Despite progress in some parts of the world, there is still a long way to go. In several countries, including Russia and many African and Middle Eastern countries, homosexuality is still illegal, and people can face arrest, imprisonment, or even death for engaging in same-sex relationships. In other countries, there is widespread discrimination and inequality against LGBTQ+ individuals.

Impact on Society

The legalization of gay marriage has had a significant impact on society. For many LGBTQ+ people, marriage equality represents a step towards greater acceptance and inclusion in society. It provides same-sex couples with the same legal protections and benefits as opposite-sex couples, including the ability to make medical decisions for their spouse, file joint tax returns, and receive Social Security benefits.

Studies have also shown that the legalization of gay marriage has had positive effects on mental health and well-being among LGBTQ+ individuals. A study by the Williams Institute at the UCLA School of Law found that in states where same-sex marriage was legalized, suicide attempts among LGBTQ+ youth declined by 14%.

However, there are some who argue that the legalization of gay marriage has had negative effects on society. Some religious groups argue that it goes against their beliefs and values and threatens the institution of traditional marriage. Others argue that it could lead to a breakdown in social norms and could negatively impact the upbringing of children.

Conclusion

The fight for gay marriage rights has been a long and difficult one, but it has resulted in significant progress and change. While there is still much work to be done to ensure equality for LGBTQ+ individuals around the world, the legalization of gay marriage represents a major step forward. It provides same-sex couples with the same rights and protections as opposite-sex couples and has positive effects on mental health and well-being. As society continues to evolve and progress, it is important that we continue to work towards greater acceptance and inclusion for all individuals.

Gay Marriage Explained:

Gay marriage (also referred to as same sex marriage) refers to a marriage between two persons of the same gender or biological sex. Gay marriage, in regards to its legality, is widely debated. Since the turn of the century, ten countries have legalized gay marriage in some aspect: Argentina, Iceland, Canada, Belgium, the Netherlands, Portugal, Norway, Spain, Sweden and
South Africa. Gay marriage is also practiced in some parts of the United States and Mexico City.

The introduction of gay marriage will greatly vary by jurisdiction, as a result of legislative changes to marriage laws and/or court contests based on constitutional guarantees of equality. In some jurisdictions, the legality of gay marriage was instituted to replace the previously accepted formations, such as civil unions or registered partnerships.

The delivery of gay marriage rights is a civil, political, religious, social and moral issue in the majority of nations. Conflicts arise regarding whether gay marriage couples should be allowed to marry, be required
to agree to a different formation (i.e. a civil union, which grants limited rights when compared to a marriage) or not be allowed any rights.

The crux of the same-sex marriage argument revolves around the religious and nuclear interpretation of what a family is. The common dictionary definition of a family is “the foundational unit in society having two adults living together and cooperating for the care of their children.” This definition, which is all-inclusive and extensive in terms of its androgynous text, is not uniform with regards to the legal definition of marriage. Many religious and conservative social thinkers believe that gay marriage rights should not be included nor alter the definition of a legal marriage.

Gay marriage rights are not recognized by the United States Federal Government; however, gay couples may legally marry in the following states: Connecticut, Massachusetts, Iowa, New Hampshire, Vermont and New York, also including the District of Columbia. Same-sex couples in these states may legally marry and receive all state-level benefits that are traditionally awarded to opposite-sex married couples.

Gay Marriage Rights in the United States:

Gay Marriage in Massachusetts: In 2003, the Massachusetts Supreme Court ruled that the state law banning gay marriage was unconstitutional under the state’s constitution. As a result, the court ordered the legislature to remedy the discriminatory act (banning of same-sex marriage) within six months. A year later, the court ruled that offering civil partnerships and unions instead of marriages was not sufficient according to the landmark case Goodridge v. Department of Public Health. Because of this interpretation, gay couples in the state were legally allowed to enter into civil marriages.

Gay Marriage in Connecticut: In October of 2008, The Connecticut Supreme Court similarly ruled that the state’s laws regarding civil unions discriminated on the grounds of sexual orientation and was thus unconstitutional. The court stated that “the segregation of heterosexual and homosexual couples into distinct institutions constitutes harm.” The Connecticut Supreme Court ruled that gay couples must be allowed to legally marry and the state of Connecticut, as a result, began issuing marriage license the following month.

Gay Marriage in Iowa and Vermont: In the spring of 2009, Iowa and Vermont began offering gay marriage rights. The Iowa Supreme Court ruled–in unanimous fashion—that the state’s laws barring gay marriage was unconstitutional—the Supreme Court ruled that gay couples must have legal access to forming a marriage.

Vermont became the first state to offer marriage equality through legislative action when the legislature overruled a governor veto to legalize gay marriage in the state. Gay marriage laws officially went into
effect on September 1st of 2009.

Gay Marriage Rights in Maine: In May of 2009, Maine’s legislature passed the gay marriage bill. John Baldacci, the governor of Maine, had initially opposed offering gay marriage rights, but immediately signed the bill after it passed in the Senate. Baldacci believed that his vacillation regarding the legalization of gay marriage was based on equal protection and the question of fairness under state and federal law. Baldacci believed that civil unions were not equivalent to civil marriages. Although gay marriage rights gained momentum, the bill stayed pending as a ballot measure. Maine voters eventually repealed marriage equality in November of 2009 and the state maintained its “marriage lite” status—gay couples share several of the rights of married couples but do not share equal rights with traditional opposite sex couples.

Gay Marriage Rights in New Hampshire: In June of 2009, the state’s legislature passed a gay marriage bill. Governor John Lynch—who originally opposed same-sex marriage because religious groups were not mandated to offer same-sex ceremonies or provide similar services—signed the bill into law the same day it was passed by the house. Gay marriage rights were put into effect on January 2010.

Gay Marriage Rights in California: In California, the state’s gay marriage ban was reversed in August of 2010. On May 15th of 2008, the state’s Supreme Court ruled that limiting marriage to only the opposite sex violates the state’s Constitution and ordered the language afflicted from the statute. From June until November of 2008, roughly 18,000 gay couples wed in the state of California. However, the passage of Proposition 8 in November of the same year limited marriage in the state to only opposite sex couples.

In response to proposition 8, an assortment of gay, lesbian, bisexual and transgender groups challenged the passing. The California Supreme Court agreed to review the case. The court held that Proposition 8 is valid;
this review held that gay couples are only able to register as domestic partners and may not marry. The state’s Supreme Court, however, did uphold existing gay marriage rights as valid.

In January of 2010, a federal trial took place in the state. The case Perry v. Scwarzenegger challenged Proposition 8 based on federal law. Following of two weeks of testimony, an appeal to the Ninth Circuit federal court where it is currently pending.

Gay Marriage Rights in Washington, D.C. New York and Maryland:

·        In March of 2010, gay marriage became legal in Washington D.C.; gay marriage rights were awarded after the city council’s vote passed through the Congressional approval period.

·        Maryland and a number of other states, explicitly recognize gay marriage when it is entered into states that allow them.

·        New York passed the gay marriage bill during the summer of 2011.

Gay Marriage Rights in Other States:

Washington, Oregon, Nevada, New Jersey and California offer either domestic partnerships or civil unions that are regarded as the legal equivalent to marriage in the states that offer gay marriage.

The gay marriage rights awarded under a domestic partnership or civil union include:

·        The right to sue for loss of consortium, wrongful death and based on any tort or law regarding a spousal relationship

·        The right under family laws, including divorce, annulment, child support, child custody, domestic violence, alimony, property division and adoption

·        Gay marriage rights under a civil union or domestic partnership include the delivery of medical rights, such as notification, hospital visitation and durable power of attorney.

·        Gay marriage rights under a civil union or domestic partnership include the ability to file a joint tax petition and the right to secure family leave benefits

·        Gay marriage rights under a civil union or domestic partnership include the ability to receive property inheritances when a partner dies without a will.

Legislation Associated with Gay Marriage Rights:

The Defense of Marriage Act:

The Defense of Marriage Act, which was enacted by Congress in 1996, bars federal recognition of gay marriage and allows states to implement the same relief. Since 1996, a number of states have enacted legislation prohibiting gay marriage or the recognition of gay marriage formed in other jurisdictions. In the U.S., states have conventionally recognized marriages that are honored in other jurisdictions, even if the solemnizing
state vehemently outlaws same sex marriage.

Based on the full faith and credit clause of the United States Constitution, individual states are typically required to honor and recognize the public laws of other states, unless the attached laws are held
separate to the strong public policy of that particular state.

Over half of the states in the U.S. have passed language to further define marriage between a male and female in their respective constitutions.

Currently, thirty-seven states currently observe statutory Defense of Marriage Acts. Three of these states possess statutory language that pre-date the Defense of Marriage Act which further defines marriage as between a male and a female. Moreover, thirty states have formally defined marriage in their constitutions.

The following states with statutes that define a marriage between a male and a female:

Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

The following states possess constitutional language to define marriage:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma,
Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wisconsin.

The following states do not possess laws prohibiting gay marriage:

Connecticut, the District of Columbia, Iowa, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Rhode Island and Vermont.

The following states have passed a Defense of Marriage Act Constitutional Amendment in 2008:

Arizona, California and Florida

The Marriage Recognition and Family Protection Act:

In October of 2009, following the passage of Prop 8 in the state of California, Governor Schwarzenegger signed the Marriage Recognition and Family Protection Act into law. The law established that same of the gay
sex marriages performed outside of the state may be recognized within California as a legal “marriage” depending on the date of the wedding.

On June 26th, 2013, the United States Supreme Court made a historic ruling in favor of same-sex marriage. The court struck down a law known as the Defense of Marriage Act (DOMA), which had prohibited the federal government from recognizing same-sex marriages. This decision was the result of years of activism and legal battles by the LGBTQ+ community, and it marked a significant step forward in the fight for marriage equality.

In this article, we will explore the history of the Defense of Marriage Act, the legal challenges against it, and the implications of its overturning. We will also look at the current legal status of same-sex marriage in the United States and around the world.

What is the Defense of Marriage Act?

The Defense of Marriage Act, also known as DOMA, was a federal law that was signed into law by President Bill Clinton in 1996. Its primary purpose was to define marriage as a legal union between one man and one woman, and to prevent the federal government from recognizing same-sex marriages.

Under DOMA, same-sex couples were denied access to a range of federal benefits that were available to opposite-sex couples, including Social Security survivor benefits, joint tax filings, and immigration rights. This law also gave states the right to refuse to recognize same-sex marriages performed in other states.

DOMA was a controversial law from the start, and many LGBTQ+ activists and allies saw it as discriminatory and unconstitutional. Advocates argued that denying same-sex couples access to federal benefits was a violation of their civil rights and an affront to the principles of equality and fairness.

Legal Challenges Against DOMA

Over the years, there were many legal challenges against the Defense of Marriage Act. LGBTQ+ activists and civil rights organizations filed lawsuits in federal courts across the country, arguing that DOMA was unconstitutional and violated the rights of same-sex couples.

One of the most prominent legal challenges against DOMA was United States v. Windsor, which was decided by the U.S. Supreme Court in 2013. The case centered around Edie Windsor, a woman who had been married to her same-sex partner in Canada. When her partner died, Windsor was denied access to the federal estate tax exemption that is available to opposite-sex spouses.

Windsor sued the federal government, arguing that DOMA was unconstitutional because it denied same-sex couples access to federal benefits that were available to opposite-sex couples. The case made its way to the Supreme Court, which ruled in Windsor’s favor and struck down Section 3 of DOMA, which defined marriage as a legal union between one man and one woman.

The Court’s Decision

In its decision, the Supreme Court declared that DOMA violated the principles of equal protection under the law, as enshrined in the Constitution’s Fifth Amendment. The Court stated that denying same-sex couples access to federal benefits that were available to opposite-sex couples was discriminatory and unjust.

The ruling in United States v. Windsor was a monumental victory for the LGBTQ+ community and marked a significant step forward in the fight for marriage equality. The decision paved the way for further legal challenges against state bans on same-sex marriage, and it set the stage for the eventual legalization of same-sex marriage nationwide.

Current Legal Status of Same-Sex Marriage

Since the Supreme Court’s decision in United States v. Windsor, there have been many legal developments related to same-sex marriage. In 2015, the Supreme Court issued another landmark ruling in Obergefell v. Hodges, in which it declared that same-sex couples have the constitutional right to marry.

The Obergefell decision overturned state bans on same-sex marriage and made it legal for same-sex couples to marry in all 50 states. This decision marked a historical victory for the LGBTQ+ community and a significant step forward in the struggle for equal rights.

However, the struggle for equal rights across the United States is far from over. Despite the Supreme Court’s ruling, LGBTQ+ people face ongoing discrimination in many areas of life. In many states, it is still legal for employers to fire someone for being LGBTQ+, and transgender people face barriers to accessing basic healthcare.

Additionally, there are continued efforts to restrict the rights of LGBTQ+ people, including attempts to pass so-called “religious freedom” laws that would allow businesses and individuals to discriminate against LGBTQ+ people on religious grounds.

International Developments

Around the world, there have also been many developments related to LGBTQ+ rights and same-sex marriage. In 2001, the Netherlands became the first country in the world to legalize same-sex marriage. Since then, many other countries have followed suit, including Canada, Spain, South Africa, and most recently Taiwan in 2019.

However, in many parts of the world, LGBTQ+ people still face discrimination, persecution, and violence. In some countries, same-sex marriage is not recognized, and LGBTQ+ people are criminalized. In several countries, including Russia and Chechnya, individuals have been subjected to torture and imprisonment for their sexual orientation or gender identity.

Conclusion

The United States Supreme Court’s decision to strike down the Defense of Marriage Act in 2013 was a landmark victory for the LGBTQ+ community. The ruling paved the way for further legal challenges against state bans on same-sex marriage and set in motion a series of events that eventually led to the legalization of same-sex marriage nationwide.

However, while the legal landscape has improved for LGBTQ+ people over the past decade, there is still much work to be done to achieve full equality. Discrimination and persecution of LGBTQ+ people continue to occur, both in the United States and around the world.

It is important to continue to fight for equal rights and to support LGBTQ+ organizations and individuals. Ultimately, the struggle for equality must continue until every person, regardless of sexual orientation or gender identity, is treated with dignity, respect, and equality under the law.

On October 18, 2012, the New York Federal Appeals Court for the Second Circuit ruled that the Defense of Marriage Act (DOMA) is unconstitutional.  A decision in a lower court ruled 2-1 that the Act is unconstitutional, and the decision was upheld by the Federal Appeals Court on Thursday.

In Windsor v. United States, the court ruled in favor of Edith Windsor, who is 83 years of age and a lesbian.  She was with her partner, Thea Clara Spyer, for 42 years and decided to sue the federal government after she was denied spousal deductions following Spyer’s death.

Windsor owed $363,053 for inheritance taxes following Spyer’s death, and she decided to take action.

Although the state only recognized a marriage between partners of the opposite sex at the time of Spyer’s death, a New York Court ruled in 2009 that foreign same-sex marriages are valid in the state.  Windsor and Spyer married in 2007 in Toronto after that were together for 40 years, thus the state of New York was forced to recognize their marriage as valid.

On Thursday, the New York Court declared that the Defense of Marriage Act violated the equal protection clause in the Constitution, and Windsor does not have to pay inheritance tax.

During arguments, the court reasoned that even if the Act holds preservation of tradition, DOMA is not an appropriate way to manage the tradition.  The court quoted the earlier findings in the district court: “because the decision of whether same-sex couples can marry is left to the states, DOMA does not, strictly speaking, ‘preserve’ the institution of marriage as one between a man and a woman.”

The decision in New York adds to the latest initiatives by states to give rights to same-sex couples.  So far, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York and the District of Columbia give marriage licenses to same-sex couples.  Five other states give similar rights in both same-sex unions and marriages: Delaware, Hawaii, Illinois, New Jersey, and Rhode Island.

Windsor v. United States will ultimately be decided by the United States Supreme Court.

Source: 2nd U.S. Circuit Court of Appeals