Bronx Divorce Attorney Juan Luciano Discusses Whether Common Law Marriages Are Recognized in New York
June 22, 2022 at 16:05
Bronx divorce attorney Juan Luciano releases a new article (https://divorcelawfirmnyc.com/does-new-york-recognize-common-law-marriage/) discussing common-law marriages and whether or not they are recognized in New York. Common-law marriages can be legally recognized in certain states, the lawyer said. Common-law marital status usually means that two people have committed to a relationship without having to go through formalities such as a marriage license or ceremony.
According to the Bronx divorce attorney, "Even in common law states, those who have lived together for many years, even if they share children and have decided to share a surname, are not legally recognized as "married" under common law unless they have met certain requirements. In most cases, a marriage is considered a legal common law marriage only if both partners agree to and behave as if they are married.”
The lawyer says that New York had abolished common-law marriages in 1933. However, New York will recognize a marriage made in common law states. New York will also recognize legal marriages only if the couple has been married under common law in that state.
Attorney Juan Luciano states there are certain requirements in New York Law to be able to legally marry. The requirements are that the couple must both be at least 18 years old. Parents must consent to the marriage of a 16- or 17-year-old couple. If both parents consent and a judge authorizes the couple to marry at 14 or 15, they can agree to it.
New York law prohibits a person from marrying another if they are already married to someone else. A spouse cannot be married to a member of the family. Lastly, the individual must have purchased a marriage certificate and waited 24 hours before marrying. In an emergency, the waiting period of 24 hours may be waived.
"Domestic partnerships are legal relationships in New York for couples who have a committed relationship but are not legally married. These are not the same as a common-law marriage, and a domestic partnership must be registered in the state of New York for the couple to have legal rights. But it is important to note that the rights of domestic partners are not the same as those of legally married couples in New York," says the divorce lawyer.
Lastly, the divorce lawyer emphasizes the importance of knowing the rules for common-law marriages before entering one. Since it is not recognized in New York, the couple has the option to live in a different state or get married instead.
About Juan Luciano Divorce Attorney
Juan Luciano has spent his career in the complex legal world of family law. He has earned a reputation for excellence at the negotiation table as well as when in court. He is also fluent in Spanish. Contact them today at (718) 519-8336 to set up an appointment for a consultation with NYC spousal support lawyer Juan Luciano.
3131 Westchester Ave Frnt A Bronx, NY 10461-4549
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Juan Luciano Divorce Lawyer Bronx
The Bronx, NY 10469