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? 3 Answers as of February 06, 2013

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
You can only enter into a common law marriage if you are free to marry if you are married to someone else, you are not free to marry. You can do it in an state the permits common law marriages to be entered into NY will recognize it if valid where entered into.
Answer Applies to: New York
Replied: 2/6/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
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.
Answer Applies to: New York
Replied: 2/6/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
As you state, NY is not a common law state, so a "common law" marriage is not recognized here. As far as how another state might deal with that issue, seeing as you're already married, you would have to check with an attorney practicing in the State that you're concerned about. I will never give advise concerning another State's law, as I am only licensed in New York.
Answer Applies to: New York
Replied: 2/6/2013
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