Bill Text: NJ A1335 | 2012-2013 | Regular Session | Introduced
Bill Title: Changes marriage and civil union licensing requirements and increases license fees.**
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2012-10-01 - Reported from Senate Committee with Amendments, 2nd Reading [A1335 Detail]
Download: New_Jersey-2012-A1335-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Authorizes annulments of marriage and civil unions without cause within 30 days of the ceremony; eliminates waiting period for marriage and civil union licenses; and increases fees for such licenses.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning marriage and civil union licenses, and annulments, and revising various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.37:1-3 is amended to read as follows:
37:1-3. Where marriage or civil union license to be obtained.
The marriage or civil union license shall be issued by the licensing officer in the municipality in which either party resides or[, if] in the municipality in which the proposed marriage or civil union is to be performed. If neither party is a resident of the State, the marriage or civil union license shall be issued by the licensing officer in the municipality in which the proposed marriage or civil union is to be performed.
(cf: P.L.2006, c.103, s.8)
2. R.S.37:1-4 is amended as follows:
37:1-4. Issuance of marriage or civil union license, [emergencies,] validity.
Except as provided in R.S.37:1-6, the marriage or civil union license shall [not be issued by a licensing officer sooner than 72 hours after the application therefor has been made; provided, however, that the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license] be issued by a licensing officer at the time the application is made.
A marriage or civil union license, when properly issued as provided in this article, shall be good and valid only for 30 days after the date of the issuance thereof.
(cf: P.L.2006, c.103, s.9)
3. R.S.37:1-12 is amended to read as follows:
37:1-12. Fees; disposition in cities of first class.
For issuing a marriage or civil union license, the licensing officer shall [be entitled to receive from the applicants the sum of three dollars ($3.00)] collect a fee of $30 from the applicants. The licensing officer shall be entitled to receive $8 of this sum and the remainder of the monies collected shall be allocated to the General Fund of the State.
(cf: P.L.2006, c.103, s.14)
4. Section 1 of P.L.1981, c.382 (C.37:1-12.1) is amended as follows:
1. In addition to the fee for issuing a marriage or civil union license authorized pursuant to R.S.37:1-12, each licensing officer shall collect a fee of [$25] $30 from the marriage license or civil union license applicants which shall be forwarded on a quarterly basis to the Department of Human Services.
(cf: P.L.2006, c.103, s.15)
5. N.J.S.2A:34-1 is amended to read as follows:
2A:34-1. Causes for judgments of nullity.
(1) Judgments of nullity of marriage may be rendered in all cases, when:
a. Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of a second or other marriage.
b. The parties are within the degrees prohibited by law. If any such marriage shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.
c. The parties, or either of them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have been ignorant of such impotency or incapability at the time of the marriage, and has not subsequently ratified the marriage.
d. The parties, or either of them, lacked capacity to marry due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently ratified the marriage.
e. The demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage, unless such marriage be confirmed by her or him after arriving at such age.
f. Allowable under the general equity jurisdiction of the Superior Court.
g. Either party demands such a judgment and less than 30 days have passed from the date of the marriage ceremony.
(2) Judgments of nullity of a civil union may be rendered in all cases, when:
a. Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of establishing the new civil union.
b. The parties are within the degrees prohibited by the law from entering into a marriage or establishing a civil union or domestic partnership. If any such civil union shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.
c. The parties, or either of them, lacked capacity to enter into a civil union due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the civil union; duress; or fraud as to the essentials of a civil union; and has not subsequently ratified the civil union.
d. The demand for such a judgment is by the party who was under the age of 18 years at the time of the civil union, unless such civil union be confirmed by him after arriving at such age.
e. Allowable under the general equity jurisdiction of the Superior Court.
f. Either party demands such a judgment and less than 30 days have passed from the date of the civil union ceremony.
(cf: P.L.2006, c.103, s.63)
6. This act shall take effect immediately.
STATEMENT
This bill provides that marriages and civil unions may be annulled without cause within 30 days of the marriage or civil union ceremony. The bill also amends the law regarding marriage and civil union licenses to expand the residency requirements, abolish the waiting period, and increase the application fee.
Section 5 of the bill amends N.J.S.A.2A:34-1 regarding annulments to authorize judgments of nullity of marriage and nullity of a civil union if either party demands such a judgment and less than 30 days have passed from the date of the ceremony.
Section 1 of the bill concerns the locations where couples can apply for marriage and civil union licenses. Under current law, State residents may apply for marriage and civil union licenses only in the municipality where either applicant resides. Out-of-State applicants may apply for licenses in the municipality where the proposed marriage or civil union is to take place. The bill amends N.J.S.A.37:1-3 to allow State residents, in addition to out-of-State residents, to apply for marriage and civil union licenses in the municipality where the proposed marriage or civil union is to take place.
Currently, N.J.S.A.37:1-4, set out in section 2 of the bill, requires a 72-hour waiting period after the application before a marriage or civil union license may be issued unless waived by the Superior Court in cases of emergency. The bill would amend this section to abolish the waiting period and provide that licenses would be issued at the time of application. The elimination of the waiting period would not affect the provisions of N.J.S.A.37:1-6, which require a minor under the age of 18 to obtain parental consent before a marriage or civil union license may be issued.
Sections 3 and 4 of the bill increase the fee for marriage and civil union licenses from $28 to $60. Currently, the applicants pay a fee of $28. The licensing officer receives $3 of this amount and, pursuant to N.J.S.A.37:1-12.2, forwards the remaining $25 to the Department of Human Services for deposit in a trust fund dedicated to services for domestic violence victims. Under the bill, the applicants would pay a fee of $60: the licensing officer would receive $8; $22 would be allocated to the General Fund; and $30 would be sent to the trust fund for domestic violence victims.
