Can a 17-year-old marry a 20-year-old in New Jersey without parental consent?

Answer

I've pasted the answer, from the New Jersey statutes, below. It appears the answer is "no" if there is no parental consent, but consent can be requested from a judge of the Superior Court.

Read on...

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

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

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

If any such male applicant for a license to marry shall be a minor under the age of 18 years, and shall have been arrested on the charge of sexual intercourse with a single, widowed or divorced female of good repute for chastity who has thereby become pregnant, a license to marry the female may be immediately issued by any licensing officer to the minor upon his application therefor, without the consent or approval required by this section.

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

37:1-7. Issuing of license; remarriage The licensing officer is hereby empowered to issue marriage licenses to the contracting parties who apply therefor and are entitled under the laws of this State to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:

"State of New Jersey. County of city, town or township of

This is to certify that any person, religious society, institution or organization authorized by law to perform marriage ceremonies within the State of New Jersey to whom this may come, he or they not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between

A B of in the county of and State of and C D of , in the county of and State of , and to certify the same to be the said parties, or either of them, under his hand and seal in his ministerial or official capacity.

In testimony whereof, I have hereunto set my hand and affixed the seal of said town, township or city at this day of one thousand nine hundred and

, (Name and official title)"

If the contracting parties desire both a civil and a religious marriage ceremony, the licensing officer shall issue a license in duplicate, marking one as "issued for civil marriage ceremony" and one as "issued for religious marriage ceremony."

Nothing in this section shall be construed to prevent the remarriage of a couple already married to each other; provided, a new license is obtained and the marriage properly reported. Such license shall be plainly marked "Issued for remarriage--originally married to same mate at (state place) on (state date)." Such a license shall be issued without compliance with the provisions of section 37:1-4 of the Revised Statutes and the provisions of "An act concerning marriages" approved May third, one thousand nine hundred and thirty-eight (P.L.1938, c. 126). When such marriage report is received by the State registrar he shall, if an original marriage certificate is recorded, make a notation thereon of the remarriage and its date and place.

Amended by L.1941, c. 354, p. 926, s. 1, eff. Aug. 4, 1941.

37:1-8. Testimony under oath by applicants as to legality of proposed marriage; witnesses; perjury A licensing officer shall, before issuing a marriage license, require the contracting parties to appear before him and subscribe and swear to an oath attesting the truth of the facts respecting the legality of the proposed marriage as set forth in the form supplied by the State Bureau of Vital Statistics. Said testimony shall be verified by a witness of legal age. A licensing officer shall issue a license only if it is thus made to appear before him that no legal impediment to the marriage exists. Every licensing officer may administer oaths to the contracting parties and their identifying witness.

Any identifying witness or applicant applying for a marriage license who shall knowingly make false answers to any of the inquiries asked by the licensing officer shall be guilty of perjury.

Amended by L.1946, c. 185, p. 773, s. 4.

First answer by ID202985475. Last edit by ID202985475. Question popularity: 44 [recommend question]