Common Law Marriage in New York 2

Common Law Marriage in New York

bryan-salamone-lawfuelContrary to popular belief, only a few states recognize common law marriages. Many people still assume that by living together for a period and holding themselves out as man and wife, they attain the rights of being married. Often people think the magic number of years is seven.
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The reality is that New York does not recognize common law marriage. To have a valid marriage in New York, you need to marry formally under the eyes of the law. Parties who cohabit or live together without a church or civil ceremony cannot generally attain the rights that a married couple does upon divorce.

Children born out of wedlock have the right to support by both parents, but spousal support will not be awarded, nor does either party have a clear claim to equitable distribution of assets. Without a marriage license, you are not legally entitled to inherit if your partner dies.

One way to have a common law marriage recognized is via the full faith and credit clause of the United States Constitution. If a couple lives in a non-common law state such as New York, but visits a common law state and follows the requirements for a common law marriage in that state, and then returns to New York, a claim of validity of the marriage may hold up in certain circumstances.

A skilled divorce attorney at Bryan L. Salamone & Associates, P.C. would be happy to discuss common law marriage and all aspects of family law with you.

Posted in Family Law | Tagged common law marriage, divorce, family law

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