Bronx Divorce Attorney Juan Luciano Discusses Common Law Marriage in New York

Bronx divorce attorney Juan Luciano releases a new article ( explaining common-law marriages and whether they are recognized in New York. The lawyer mentions that common-law marriages are legally recognized in some states. Common-law marriages usually mean that two people have formed a committed relationship without going through the formality of a marriage license and ceremony.

“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,” says the Bronx divorce attorney.

Bronx divorce attorney

The lawyer explains that New York eliminated common-law marriages in 1933. If someone has lived in a common-law state and moves to New York, their marriage will still be considered legal. However, the couple must first have formed a common-law marriage under the former state’s laws to be recognized as legal in New York.

Attorney Juan Luciano says that to be legally married in New York, specific requirements must be met. These requirements include that both individuals must be over the age of 18. If one of the couples is 16 or 17 years old, there must be parental consent. Those who are 14 and 15-year-olds may marry if they have both parental consent and the authorization of a judge.

In order to get married in New York, the person must not be married to someone else. They should also prove their identity with proper documents. A person is also not allowed to marry a close relative, and the last requirement is that the person has purchased a marriage license and waited 24 hours. In an emergency, the 24-hour wait may be waived.

According to attorney Luciano, “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.”

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 us today at (718) 519-8336 to set up an appointment for a consultation with NYC spousal support lawyer Juan Luciano.


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Juan Luciano Divorce Lawyer Bronx
Juan Luciano
The Bronx, NY 10469