In a recent article published on his website, New York family law attorney Juan Luciano (https://divorcelawfirmnyc.com/does-new-york-recognize-common-law-marriage/) of Juan Luciano Divorce Lawyer addressed the topic of whether New York State recognizes common law marriages. The article provides valuable information for couples in committed relationships who are considering the legal implications of their status.
In the article, the New York Family Law Attorney explains that while some states recognize common law marriages, New York is not one of them. “New York eliminated common-law marriages in 1933,” Luciano says in the article. “In the case where you have lived in a common-law state and have moved to the state of New York, your marriage will be recognized as legal here. But you first must have formed a common-law marriage under the former state’s laws to be recognized in New York.”
The New York Family Law Attorney also outlines the requirements for a legal marriage in New York, which include being 18 years of age or older, proving identity with proper documentation, not being married to another individual, not marrying a close relative, purchasing a marriage license, and participating in an official ceremony with a clergy member or civil official.
Regarding domestic partnerships, which are legal relationships in New York for couples who are not legally married, the article clarifies that these are not the same as common-law marriages and must be registered in the state for couples to have legal rights. However, the rights of domestic partners are not the same as those of legally married couples in New York.
Luciano advises those with questions or concerns about common law marriage recognition in New York State to speak with an experienced family law attorney. “Speaking to an experienced New York family law attorney may be able to help you gain more insight into how the state of New York handles common-law marriages,” he says in the article.
Decades ago, New York lawmakers eliminated common-law marriage, which implies that creating a new common-law marriage while living in New York is not possible. However, if individuals meet all the criteria for common law marriage and are residents of a different state, New York might acknowledge them as a legal couple after they relocate to the state. The state of New York recognizes legitimate marriages created in other states, including common-law marriages. The United States Constitution’s “full faith and credit” clause requires other states to respect the judicial decisions of another state.
The article emphasizes that common law marriages are not recognized in New York State and that couples in committed relationships should consider their legal options carefully. “While common law marriages may be legally recognized in some states, it is important for couples in New York to understand that they are not recognized here,” Luciano says. “Couples should consider their legal options carefully and speak with an experienced family law attorney to make informed decisions.”
About Juan Luciano:
Juan Luciano is a New York family law attorney who focuses on divorce, child custody, child support, and other family law matters. With years of experience and a commitment to personalized service, Luciano has helped countless clients navigate complex legal situations and achieve their goals.
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