Who Can Officiate a Wedding in New Jersey (and Why Notaries Cannot)

If you want to perform weddings in New Jersey, or you are trying to work out who can legally marry a couple in the state, the answer comes from statute, not from a wedding website or a planner's rule of thumb. New Jersey's marriage law, N.J.S.A. 37:1-13, lists the people who may solemnize a marriage. The list is broad enough that many people already qualify, including online-ordained ministers, but it does not include notaries public. This guide walks through who is on the list, how to become a civil celebrant if you are not already eligible, and what changes if you plan to charge for officiating.

What You Will Need Before You Start

Gather these items before you apply or file anything. Which ones you need depends on the path you take.

• Proof that you are at least 18 years old, plus a government-issued photo ID.
• Proof of high school graduation. Confirm with the New Jersey Department of State which documents it accepts.
• For clergy: your ordination credentials, whether they come from a traditional religious body or an online ordination organization.
• For civil celebrants: a certificate showing you completed an approved civil celebrant course. Confirm the approved course list before you pay for a course.
• The $55 application and processing fee for civil celebrant certification, paid to the New Jersey Department of State. Confirm the accepted payment method on the Department of State's current instructions.
• If you plan to run a business: your chosen business name, a New Jersey street address for any registered office, and access to the New Jersey Business Portal.

Step 1: Check Whether You Already Qualify

Start with the statute. N.J.S.A. 37:1-13 names five groups who may officiate: judges, mayors, county clerks, clergy of every religion (including online-ordained ministers), and civil celebrants certified by the Secretary of State. Judges, mayors and county clerks qualify because of the office they hold. If you hold one of those offices, you may perform ceremonies in that capacity, but confirm with your office any limits on where or how you act in your official role.

Clergy qualify because of their ordination, not because of a particular denomination or congregation. If none of the first four groups describe you, the civil celebrant route is the one to follow, and you should move to Step 3.

Step 2: Confirm Your Clergy Credentials

The statute covers clergy of every religion, and it expressly includes online-ordained ministers. You do not need a seminary degree or a congregation to be eligible. What you do need is documentation. Keep your ordination certificate and any record showing which organization issued it, because couples and venues often ask for proof before they book you.

The practical risk here is not the law. It is the venue or the couple. Some venues ask officiants to fill out their own forms or provide references. Ask for those requirements early so your ordination paperwork is ready when someone asks for it.

Step 3: Apply for Civil Celebrant Certification

If you are not a judge, mayor, county clerk or member of the clergy, you can become a civil celebrant. The requirements are:

• You must be at least 18 years old.
• You must be a high school graduate.
• You must complete an approved civil celebrant course.
• You must submit your application with the $55 application and processing fee to the New Jersey Department of State.

Each requirement is a gate. If one is missing from your file, the application will be held up until it is resolved, so check each item before you submit. Before you enroll in a course, confirm with the Department of State whether the course must be completed before you apply, how long the course certificate stays valid, and whether a course taken elsewhere counts. Treat any third-party page that summarizes these rules as secondary, and use the Department of State's own instructions as the final word.

Expect the timeline to depend on the Department of State's current processing volume. Ask the Department of State for its current processing estimate before you book your first couple.

Step 4: Understand Why Notaries Cannot Officiate

This is the most common point of confusion. A New Jersey notary public witnesses signatures, administers oaths and performs other notarial acts. Those powers come from a notary commission, and they do not include solemnizing a marriage. N.J.S.A. 37:1-13 sets out who may solemnize a marriage, and notaries are not on that list.

That means a notary commission does not count toward eligibility. A notary who performs a ceremony, or signs a marriage certificate as the officiant, is acting without the authority the statute gives. If you hold a notary commission and want to officiate, you must qualify under one of the five groups in Step 1, which usually means becoming a civil celebrant. Do not learn this on the wedding day.

Step 5: Decide How You Will Operate

If you charge couples for officiating, you are running a business, and the state expects you to register it. You have two common options: operate under your own name as a sole proprietor, or form a limited liability company (LLC).

Operating under your own name. If you use only your legal name, you do not need to file a name registration. If you use a different business name, such as a brand name for your ceremony service, you need to register it as a trade name. For sole proprietorships, trade name registration is filed with the county clerk, and county fees are set by each county clerk. Check the state's business names page at business.nj.gov/pages/business-names for the current rules.

Forming an LLC. The filing fee for an LLC is $100 for filings made on or after July 1, 2026. The annual report fee is $75, due every year by the last day of the month in which the LLC was formed. Two consecutive missed years lead to revocation. New Jersey does not require a publication notice for a new LLC, and LLCs do not owe a franchise tax. Profits pass through to the owner and are taxed under the New Jersey Gross Income Tax. If your LLC has several owners and is treated as a partnership, it may owe a partnership filing fee of $150 per owner, capped at $250,000, with a 50% installment prepayment reported on Form NJ-1065. Confirm your structure with a CPA before you assume which of these apply.

Your LLC name must include a designator such as LLC, L.L.C., Limited Liability Co. or Limited Liability Company, and it must be distinguishable from every other name in the state database. Check availability through the state's business name search at the NJ Business Portal name search before you file. The registered office must be a New Jersey street address. A PO box is acceptable only if the street address is listed as well. File through the Online Business Entity Filing portal at njportal.com/DOR/BusinessFormation, or contact the Division of Revenue and Enterprise Services, which runs formation for the state, through its main page at nj.gov/treasury/revenue.

Step 6: Register With NJ-REG and Confirm Your Sales Tax Status

After you form an LLC or begin operating as a sole proprietor, complete tax and employer registration with the Division of Revenue using Form NJ-REG. The registration is completed through the New Jersey Business Portal at njportal.com/DOR/BusinessRegistration. It produces your New Jersey tax identification number and, where applicable, a sales tax certificate of authority.

New Jersey has no general statewide business license, so NJ-REG is the registration step every business completes. Whether your officiation fees are subject to sales tax is a question for the Division of Taxation. Do not assume the answer either way. Confirm it at nj.gov/treasury/taxation before you begin charging. The state sales tax rate is 6.625%, but whether it applies to your receipts depends on the classification of your service.

You may see the term Business Registration Certificate (BRC) in state materials. A BRC is proof of NJ-REG tax registration, not a license. The state requires it for contractors and subcontractors doing business with the State and other public agencies, unincorporated construction contractors, and applicants for Casino Control Commission licensure. Officiants are not in those categories, so most officiants will not need a BRC. Ask the Division of Revenue and Enterprise Services if you are unsure.

Step 7: Check Local and Professional Rules

Counties license nothing in New Jersey, and the state does not issue a general business license. Municipalities may issue their own local licenses and permits, so check with the town where you are based and any town where you regularly perform or operate an office. Some occupations and industries require a professional or industry license from the Division of Consumer Affairs or another agency. Confirm with the Division of Consumer Affairs whether any license applies to your specific service before you advertise it.

Venues have their own rules, too. Some require a certificate of insurance, a specific arrival time or a copy of your credentials. These are private requirements, not state law, but they can decide whether you get the booking.

Step 8: Keep Records and Plan for Each Ceremony

Keep a clean file that includes your certification or ordination documents, your NJ-REG confirmation, your receipts for the $55 civil celebrant fee and any business filing fees, and a short log for each wedding showing the date, location and couple. This file makes renewals, annual reports and tax filings much easier.

Every wedding needs a marriage license, and the officiant's part in completing and returning the certificate must be handled correctly. Confirm the return procedure with the local registrar where the couple obtained the license before the ceremony, not after.

Tips and Common Mistakes to Avoid

• Treating a notary commission as eligibility. It is not. Only the groups named in N.J.S.A. 37:1-13 may officiate.
• Paying for a course before checking the approved list. Confirm the course is approved first.
• Assuming a venue will accept an online ordination. The statute includes online-ordained ministers, but a venue can still set its own requirements.
• Choosing an LLC name without checking it. The name must carry a designator and be distinguishable from every other name in the state database.
• Advertising a trade name you have not filed. Register it first. The state fee for an alternate name is $50, with a $50 renewal, and sole proprietors file with the county clerk.
• Skipping NJ-REG after forming. Registration is how the state knows your business exists for tax purposes.
• Confusing the BRC with a license. The BRC proves registration. It does not authorize you to officiate.
• Forgetting the annual report. An LLC owes $75 each year. Missing two consecutive years leads to revocation.
• Charging before you confirm your sales tax status. Ask the Division of Taxation first, then set your prices.

What Results to Expect

If you work through these steps in order, you may find that the eligibility question is settled quickly and that the business setup is mostly paperwork. Clergy and officials who already qualify will likely need only documentation and a business registration if they charge fees. Applicants for civil celebrant certification will likely spend most of their time on the course and the application review, which means starting early is useful.

On the business side, online filings through the state portal are typically entered into state records within about one business day, while mailed filings take longer. After setup, an LLC may need little more than its annual report each year, plus any tax filings that apply to your income. Results will vary with your structure, your local rules and how quickly each agency responds, so build in extra time before your first booking.

Important Disclaimer

This article is informational only. It is not legal or tax advice, and it does not create an attorney-client or accountant-client relationship. Statutes, fees, forms and procedures can change, so verify each one with the agency before you act. The primary sources are the New Jersey Department of State for civil celebrant certification, the Division of Revenue and Enterprise Services at nj.gov/treasury/revenue for formation and business name search, and the Division of Taxation at nj.gov/treasury/taxation for tax questions.

For complex situations, such as a multi-owner LLC, a sales tax question about your fees, or a question about your liability as an officiant, consult a qualified New Jersey attorney or a certified public accountant before you make decisions.