QUESTION

Can a married person enter a common law marriage if I live in New York and I know it's not legal here but even if it’s in a different state?

Asked on Feb 05th, 2013 on Divorce - New York
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1 ANSWER

Family Law Attorney serving New York, NY
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You can enter a common law marriage in another state, however, since New York State does not recognize common law marriage, you will not be considered married under the laws of New York. This also means that until you obtain a legal marriage in another state or New York, then even if the marriage is recognized in another state, you would not be able to file for divorce in New York State.
Answered on Feb 06th, 2013 at 11:01 AM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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