Rather than an actual ceremony, many choose to get married by a common law marriage in New York. Find out what is a common law marriage and how it is done. This post will educate you about common law marriage in New York and how it differs from any other marriage.


Unlike love, marriage is not a joke; it is a serious choice. Marriage is a legal union formed by two individuals who have chosen to live and love each other for the rest of their lives. This is about two people’s views on whether they want to be eternally connected to one other. You should think about your partner’s feelings about getting married.


What Is Common Law Marriage?


New York’s common law marriage is a setup without a marriage certificate.You and your partner may have a common law marriage if you live together and act as if you are married. However, living together, sharing the same surname, or having children is not enough to establish a common law marriage. You can also visit the official New York State site for more information on marriage.


In jurisdictions that permit common law marriage, you may only be deemed married if you can show all of the following elements:


  • You and your lover have shared a home in the same way as couples do.
  • You both decided to marry.
  • You are not legally married to anybody else.
  • You and your partner presented yourself to others as couples.


You are not in a common law marriage if you or your partner are still hoping to marry.  When you can prove that you’ve shown yourself to the community as married, your case for common law marriage is enhanced.


What Makes A Lawful Marriage In New York?


Before you may marry, you must first get a marriage license from a town or municipal clerk. In New York, you may only legally marry if all of the following things are true:


  • You must be at least 18 years old, and if you are under the age of 18, you must have your parents’ permission.
  • You’re not marrying a relative.
  • You have shown your identification to the clerk.
  • You are not legally married to an individual.


A presiding officiant must solemnize a marriage in order to be lawful in New York. Both couples must sign a written marriage contract, which establishes a legally binding marital agreement. Both spouses must sign the contract in the presence of two witnesses.


Legal Effect Of The Marriage In New York


If a common law marriage terminates, the couples must go through a legal divorce and split their assets and obligations. If you are not married but have kids, you have legal rights. You have the ability to request assistance for child support and custody. If you are a victim of abuse or harassment, you have the right to seek protection.


Common Law Marriage In New York


Common law marriage in New York does not legally establish that you are married to a certain individual. It is not an exception that both of you are married if you are living together, have children, or even announce to everyone that you are a couple. It is much better to be married legally rather than in a common law marriage.


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Author: Ginutis