January 22, 2012

New Jersey Joins Four Other States Allowing Proxy Marriages for Military Personnel

New Jersey service men and women no longer have to put off their wedding plans due to deployment to active duty thanks to new legislation signed into law by Gov. Chris Christie last week. The law allows for marriage by proxy for military personnel stationed overseas. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a proxy marriage or other marriage issue, contact the family lawyers at The Rotolo Law Firm.

The new bill was a bipartisan effort sponsored by Republican Sen. Diane Allen and Democratic Assemblyman Herb Conaway. It gained full Legislature approval on January 9 and was signed into law on January 17. (2) As a result, New Jersey residents actively serving in our Armed Forces no longer have to put off the benefits of marriage merely because one of them is deployed for military action.

A marriage by proxy is one in which someone with a power of attorney stands in for the bride or groom who cannot be present for the wedding formalities. Proxy marriages are not new and, in fact, have been around for centuries -- Napoleon married Marie Louise by proxy; a number of Japanese “picture brides” married their American husbands by proxy in the early 1900s; (3) and cosmonaut Yuri Malenchenko married Ekaterina Dmitriev by proxy while he was serving on the International Space Station. (4)

The advantage of a proxy marriage is that the couple does not have to wait to share the legal benefits of marriage, which include health and insurance benefits, legal rights, tax benefits and rights to power of attorney while in service to their country. (2)

New Jersey joins four other states in the nation that recognize proxy marriages. Colorado, California, Texas and Montana are the others. (2) Of those, Montana is the only state that allows for double proxy marriages, which are ceremonies where neither the bride nor groom can be present. Ironically, however, not all counties in Montana permit marriage by proxy. (3)

It should be noted that while some states recognize proxy marriages performed in those areas where allowed, others recognize such unions only as common law marriages. (3) Because marriage laws vary by locale, it is important to seek professional advice if you have concerns. If you or someone you know has questions regarding proxy marriages or marriage laws in Hunterdon County, contact the Lebanon, NJ family lawyers at The Rotolo Law Firm, approximately ten miles from the County Seat in Flemington, NJ.

(1) http://www.newjerseynewsroom.com/state/christie-signs-bill-allowing-marriage-by-proxy-for-armed-service-members

(2) http://www.phillyburbs.com/news/local/burlington_county_times_news/new-jersey-becomes-fifth-state-to-permit-soldiers-to-marry/article_65944c6e-d2cb-56e3-a224-878b2a885948.html

(3) http://marriage.about.com/cs/legalities/a/proxymarriage.htm

(4) http://www.helium.com/items/1533196-what-is-a-proxy-marriage

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January 7, 2012

State Is Considering Waiving Waiting Period for Marriage Licenses

The wait may soon be over for couples seeking to marry in New Jersey as the State Assembly considers a proposal to allow for same-day issuance of marriage licenses. (1)

Some requirements for marriage licenses can vary by municipality (2), so if you have questions regarding laws governing marriages in Hunterdon County, the family lawyers at The Rotolo Law Firm can help. Basically, however, there is currently a three-day or 72-hour waiting period for marriage license applications in New Jersey. Originally, this waiting period was intended to make sure couples gave sufficient thought to what is supposed to be a lifetime commitment. (3)

Two Democratic representatives, Sen. Nicholas Scutari of Union and Assemblyman Lou Greenwald of Camden, last month proposed a bill that would eliminate this waiting period.(4) That proposal was approved this week by the Assembly Budget Committee and now awaits a vote by the full Assembly expected this Monday. However, a plan currently in committee has not yet been approved by the Senate. If that plan does not gain approval by Monday, efforts will have to start all over again. (5)

Proponents for the change say that abolishing this waiting period can bring a boost to the State’s tourist trade as well as its wedding industry by giving New Jersey an edge over neighboring states. (There is currently a 24-hour waiting period in both New York and Delaware and a 3-day waiting period in Pennsylvania.) These supporters claim that the waiting period makes it difficult for vacationers to plan destination weddings in New Jersey. They also profess the change could make Atlantic City more like Las Vegas, a town known almost as much for its wedding chapels as for its casinos.(4) Opponents, however, question whether so-called "drive-by” weddings are the best way to bring in revenue and create jobs, asserting that a cut in both taxes and spending would be more beneficial to the State’s economy. (5)

Under current New Jersey law, couples are required to apply for a marriage license in the municipality in which the bride-to-be lives. If she is not a resident, the couple must apply in the groom’s hometown. If neither are residents, application is to be made in the municipality where the ceremony is to take place. (2)

The proposed change would allow visitors to apply for a State marriage license as well as allow residents to apply in the municipality where the ceremony will be held rather than in their hometown. (4)

If the change is adopted, it would bring New Jersey in line with 29 other states that have no waiting period. Connecticut and Rhode Island are the only other northeastern states without a marriage license waiting period. (1)

For advice regarding marriage laws in New Jersey, specifically in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm, located in Lebanon.

(1) http://www.nj.com/news/index.ssf/2012/01/nj_assembly_clears_bill_allowi.html

(2) http://usmarriagelaws.com/search/united_states/new_jersey/index.shtml

(3) http://family.findlaw.com/marriage/marriage-license-requirements.html

(4) http://www.nj.com/times-opinion/index.ssf/2011/12/editorial_drop_nj_marriage_lic.html

(5) http://philadelphia.cbslocal.com/2012/01/06/new-jersey-assembly-wants-to-lift-3-day-waiting-period-for-marriage-licenses/

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August 3, 2010

When Religious Beliefs and the Law Clash

Religion cannot be used as a defense for non-consensual sexual relations between a husband and wife, according to a recent ruling by the New Jersey Appellate Court.

Continue reading "When Religious Beliefs and the Law Clash" »

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