In common law marriage, a couple is legally married even though they haven’t had a wedding or a marriage license. This is because they live together and agree to be married. Many U.S. states allow common-law marriages, but New York is one of the few that don’t recognize this.
However, the state recognizes common-law marriages that were officially formed in other places that accept them. That is because of the constitution of full faith and credit clause, which respects the other states public acts, records, and court cases.
When two people live together in New York without getting married, this difference brings up important questions about their rights and responsibilities. Anyone who is thinking about making a long-term commitment in the state needs to know what this judicial position means.
Let’s explore the legalities of common law marriage in New York and discuss the implications for couples who consider themselves married by common-law standards.
Legal Definition of Common Law Marriage
Common law marriage is a legal union between partners who haven’t obtained a marriage license or participated in a formal ceremony. To be recognized in some states, you need to meet specific criteria. This type of marriage allows couples to be considered legally married without meeting the traditional requirements. In states that recognize common law marriage, partners must live together for a certain period, typically present themselves as a married couple, and hold themselves out to the public as spouses.
According to Oceanside family attorney Erica Bloom, despite not having a formal marriage certificate, common law marriages are legally binding in states that acknowledge them. This means that couples in a common-law marriage have the same rights and responsibilities as couples who had a formal marriage ceremony.
Requirements for Common Law Marriage
To legally establish a common-law marriage in a state that recognizes it, couples must fulfill specific criteria outlined by the state’s laws and the requirements can vary from state to state.
Here are some common elements that couples must typically meet.
Both partners must have the legal capacity to enter into a marriage, which means they must be of a certain age and not already married to someone else.
The couple must present themselves to the community as being married, which can include using the same last name, referring to each other as spouses, or filing joint tax returns. They must intend to be married and have a mutual agreement to enter into a marital relationship.
The couple must cohabitate or live together for a certain time, which can range from a few years to potentially decades, depending on the state’s requirements.
By meeting these criteria, couples can establish a common-law marriage in states that recognize this form of union.
Proof of Common Law Marriage
In New York, proving a common law marriage requires providing clear and convincing evidence of three key elements: mutual agreement or consent to be married, cohabitation, and holding yourselves out as a married couple.
One essential way to establish these elements is through documentation. This can include joint bank account statements, shared utility bills, or lease agreements showing cohabitation. Affidavits from family, friends, or coworkers attesting to your relationship as a married couple can also strengthen your case.
Any joint ownership of property, such as a house or a car, can serve as evidence of your commitment to each other. Gather as much documentation as possible to demonstrate to the court the validity of your common-law marriage.
Dissolution of Common Law Marriage
Unlike formal marriages that require a divorce decree, common law marriages in New York don’t necessitate a formal dissolution process but if you and your partner have presented yourselves as married and now wish to separate, it’s advisable to seek legal advice to understand your rights and obligations.
To dissolve a common-law marriage in New York, you may need to provide evidence of your relationship, such as joint bank accounts, shared property ownership, or documents where you identified each other as spouses. If disagreements arise regarding property division or support, resolving these issues may involve legal proceedings.
Consult with a knowledgeable attorney who can guide you through the process and guarantee your interests are protected.
Common Law Marriage in Other States
Each state has its own requirements for establishing a common-law marriage, such as cohabitation for a certain period and holding themselves out as a married couple. States like Colorado, Iowa, Kansas, Montana, and Texas, among others, still acknowledge common-law marriages that were established before a certain date or under specific conditions.
Not all states recognize common-law marriage, and the criteria for establishing one can vary significantly from state to state. For example, California, Florida, and Pennsylvania don’t legally recognize any new common-law marriages. Understand common law marriage across different states, especially for couples considering moving to or residing in states that do recognize such unions.
Remember to consult with legal professionals familiar with the laws of the specific state to guarantee that the relationship is legally recognized and protected.
Conclusion
Understanding the legal stance on common law marriage in New York is crucial for couples considering this type of union. While New York does not recognize common-law marriages formed within the state, it honors those established in other states. For couples living together in New York without a formal marriage, it’s important to be aware of the legal implications and the potential challenges in asserting marital rights and responsibilities.
Consulting with a legal professional can provide clarity and guidance, ensuring that both partners’ interests are protected. Whether considering a move to a state that recognizes common law marriage or seeking to understand the nuances of such unions, being informed and prepared is key to handling the complexities of common law marriage.