Common Law Marriage: NY Style (Spoiler Alert: It's Not Very Common)
So, you've been living with your boo for what feels like a century, sharing everything from toothbrushes to existential crises. You've probably had the "are we married?" talk at least once, maybe even twice. And if you're in New York, you've probably also wondered, "Can we just, like, be married without all the paperwork?"
Well, hold your horses, lovebirds. Because New York is not exactly the land of happily ever afters when it comes to common law marriage.
The Cold, Hard Truth
Let's get this out of the way: New York State does not recognize common law marriages. Period. No ifs, ands, or buts. You can live together for a decade, call each other husband and wife, and even have joint bank accounts, but unless you've got that official piece of paper, you're just roommates with extra benefits.
But Wait, There's a Catch (Sort Of)
Okay, so you can't create a common law marriage in New York, but the state will recognize a common law marriage that was validly established in another state. So, if you said "I do" (or something equally as legally binding) in a state that allows common law marriage, New York will respect that. But don't go planning a spontaneous Vegas wedding just yet. Requirements for common law marriage vary from state to state, and proving it can be a whole other headache.
What About Domestic Partnerships?
If you're looking for some legal recognition of your relationship without the full-blown commitment of marriage, New York offers domestic partnerships. While not the same as marriage, domestic partnerships do provide certain legal rights and protections.
So, What Now?
If you're serious about your relationship and want the legal protections and benefits of marriage, bite the bullet and get a marriage license. It's a small price to pay for peace of mind and security. And hey, maybe you can throw a killer party to celebrate!
How To...
- How to prove a common law marriage in New York if it was established in another state? Gather evidence like joint tax returns, shared property deeds, and affidavits from witnesses. Consult with an attorney for guidance.
- How to get a marriage license in New York? Visit the county clerk's office in the county where one of you resides. Bring required identification and fees.
- How to end a common law marriage in New York? If the marriage was established in another state, you'll need to go through the divorce process in that state.
- How to convert a domestic partnership to marriage in New York? You'll need to obtain a marriage license and have a ceremony.
- How to protect your rights in an unmarried relationship in New York? Consider creating a cohabitation agreement or drafting a will.