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The Officiant

  

Who Can Marry People?

In New Jersey and many states : local, state, and federal judges of the state, retired judges of the state, county surrogates and clerks, mayors and even deputy mayors when their mayors authorize it, chairman of any township committees or village presidents, ministers of every religion and all religious societies, institutions, or organizations according to their rules and customs.

Must there be a ceremony and must I say “I do” for it to be legal?

Generally, yes, you must say something like “I do.” This is considered the “declaration of intent” which confirms that you desire and agree to get married. In some states you might be able to simply sign a marriage contract in front of a judge, have him or her acknowledge it, and have witnesses sign the contract. When you have a ceremony, the marriage certificate, properly signed and filed, replaces the need for a separate marriage contract.

Online ordination.

Sites abound online that will ordain ministers just so they can marry their friends or loved ones. Are these legit? They may be. We can’t confirm as to any particular service but in some states, you just need a “minister of every religion and all religious societies, institutions or organizations according to their rules and customs.” 

Find out more

Marriage License

Where do you apply for a license?

Where do you apply for a license?

Where do you apply for a license?

Group of peop-le seen from above

Licenses are generally issued by the state where the wedding is to take place, i.e., a New Jersey license is only good in New Jersey. Applications are made to municipalities – cities, towns, boroughs. Which municipality you apply to often depends on whether one of the parties is a resident of that state but in New York, you can apply to any city or town in New York whether you live there or not. 

What do you need when you apply?

Where do you apply for a license?

Where do you apply for a license?

Lawbooks on a shelf

1.Proof of identity of both parties - driver’s license, passport, or state/federal ID. 

2. Proof of residency, if one or both is a resident. 

3.  Both parties’ social security cards or social security numbers. 

4. A witness, 18 years of age or older. 

5. The application fee.

When should you apply?

Where do you apply for a license?

How long is the license good for?

Computer keyboard with scales of justice on a key

In New Jersey, a license cannot be issued until 72 hours after you properly apply for it (unless there is a court order). Since not all registers are open on weekends and holidays, make sure you calculate the timing with those factors considered. 

In New York, the “waiting period” is 24 hours, rather than N.J.’s 72 hours. You can apply as early as 6 months before in New York, but make sure that the register notes the wedding date so that it is not issued prior to 30 days before the wedding.

How long is the license good for?

Where does the marriage certificate get filed and by whom?

How long is the license good for?

Boardroom table

In New Jersey, a license is good for 30 days from. the date of issuance. In New York, it’s 60 days, starting the day after it is issued. New York provides for a 180-day extension if either party is US active military. 

Where does the marriage certificate get filed and by whom?

Where does the marriage certificate get filed and by whom?

Where does the marriage certificate get filed and by whom?

Someone with a magnifying glass looking at a document

The person performing the ceremony generally must file the license and certificate. Just make sure it gets done or you may have problems down the line. 

HoneyMoon

Tropical drinks on a beach

Possible legal issues with travel are endless!

 Honeymoon travel is much like any other travel, involving planes, boats, trains, buses, transfers, rent-a-cars, hotels/rentals, and excursions. The legal possibilities are endless, but we will try to simply highlight some here.

Who do you call and where do you go if you’re in trouble abroad?

 U.S. citizens abroad can contact the nearest U.S. embassy or consulate for emergency assistance. You can call 1-888-407-4747 from the U.S. and Canada, or +1 202-501-4444 from overseas.  

Understand Cancellation and Refund Policies.

 If your flight is cancelled or delayed, yes, get on that line, but while you are waiting, do an online search for the airline and its policy so you know your rights before you get to the counter. Make sure to go directly to the airline’s own website, not some discussion board.

Check out your Credit Card benefits and policies before you go.

 Credit cards offer a wide variety of perks for travelers including: travel miles that can be used to book flights, hotels and more, not having to pay for your baggage, travel insurance including coverage for lost bags, credit towards TSA Precheck, free concierge services, discounts on hotels, and a whole lot more. 

A Good Tip

 Do yourself a favor and make copies of all credit cards, legal IDs, your passport, and other important documents before you go. Make two sets. Leave one with a trusted family member or friend back home. Put the other in the hotel safe or someplace else so if anything is lost or stolen, you’ll still have some kind of proof, have numbers and contact information to get them replaced.

Name Change

Changing your name

 Suppose we want to change our name(s)?

Each state differs as to their procedure. Every state also has rules regarding what names you can simply change to vs. what type of names you will have to do through a court proceedings.  New York’s license application includes a spot to note any name changes desired. In New Jersey there isn’t a spot.


What to do next and how differs from state to state. In New Jersey and New York, generally your first step is to take your certified marriage certificate and other required identification to The Social Security Administration and apply for a new social security card. This comes first because you’ll need it for DMV. At DMV, DMV where you can change your license, voter registration and car registration, all at the same time!, Once this is done then you can change your passport.


Don’t forget to update you name everywhere else to avoid problems. This includes: doctors, insurance providers, employers, credit cards, banks, car titles and registrations, mortgages, deeds, utility companies, loans, leases, and anywhere else!


Pen on a document

Prenuptial Agreements

What Is a Prenuptial Agreement?

 Prenuptial agreements are legally binding written contracts that you and your fiancée sign before you are married to set forth what happens with your income and assets if the marriage doesn’t work out.

Should you have one?

 It depends. Young marrieds, just starting out, with few assets, no children and who don’t own any businesses usually do not need them. Remember there are other laws such as divorce, property and estate laws which also govern how things are divided and if you are just starting out, they will probably be sufficient.

What type of things are covered?

Income, assets, alimony, and even debts. The only area that tends not to be enforceable is any condition related to child custody or support.

What are the general requirements for an agreement to be valid?

 1. Full disclosure of each party’s income and assets. which in some states, like New Jersey, must be annexed to the document itself.

2. Each party must be represented by their own independent counsel.

3. The agreement must be fair when it was entered.

4. Each party must have entered the agreement voluntarily. 

Can we change or get out of the agreement once it is signed?

  You can usually change it in writing signed by both parties. You can even include a clause in the original that it expires after a certain period of time.

Estate Planning

Pen on a document

What is a Will?

  A Last Will and Testament is a binding document where a person states to whom they want their assets to go to after their death and may include many other provisions, such as their desires for funeral arrangements, guardians for their minor children, trusts for people such as minor children and even provisions for their dogs! Wills are a very complicated area because each state’s laws are very different and what happens is dependent on so many factors: 

Suppose I don't have a will, what happens if I die?

Assets will go through probate – court proceedings – where an administrator will be appointed to essentially do the work that an executor would if there had been a will.

The difference is that while an executor follows the desires set out in a person’s will (in most cases, unless they are contrary to the laws of the state) an administrator will distribute things according to the laws of the state. It varies from state to state, but usually it goes as follows: 1. Surviving spouse.  2. Issue (children). 3. Parents. 4. Issue of parents. 5. Grandparents/issue of grandparents. 6. Next of kin.

If there are any one the group they will divide it all and the groups following will get nothing.

Do some assets pass without a will or probate?

  What assets legally will transfer outside the will? 

This includes assets that will go by trust, and assets where legal beneficiaries may be stated such as pensions, bank accounts, stock portfolios and the like.

Living Wills

 Also known as a medical or advance directive or an “instruction directive” in New Jersey, it is a document that allows a person to refuse life-sustaining medical treatment when there is no reasonable expectation for recovery.  

Trusts

 While wills deal with a person’s assets and desires after they have died, trusts deal with things both before and after. There are many types of trusts and a trust can be a separate document or put into a will. A “Living Trust” is a type of trust created while a person is alive where they legally place a lot, if not all, of their assets into the trust and generally will administer it by themselves. 

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