Common Law Marriage
The term common law marriage generally refers to two people living as husband and wife and holding themselves out as husband and wife but lacking a marriage license or legally recognized ceremony. The state of New York does not recognize common law marriage. But New York courts will recognize the common law marriage of another state. There are eight states that still recognize common law marriage: Alabama, Colorado, Iowa, Kansas, Montana, Pennsylvania, Rhode Island and South Carolina. The issue arises in New York if the spouses reside here in New York after they legally achieved the status as common law spouses in another state.
Same-Sex Marriage
New York does not authorize same-sex marriage. But like the common law marriage, New York courts will recognize a same-sex marriage that was legally contracted outside of New York. Same-sex marriage is legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and the District of Columbia. It is also legal outside the United States, in Argentina, Belgium, Canada, Iceland, Netherlands, Mexico City, Norway, Portugal, South Africa, Spain and Sweden.
Domestic Partnerships
New York City permits the registration of domestic partnerships. If you and your spouse reside in New York City, for a $35 fee, you can register as domestic partners.
Legal Counsel for Cohabitation
I have been a New York matrimonial law attorney New York matrimonial law attorney for more than 35 years. In that time, I have seen the changing laws firsthand regarding official recognition for same-sex and other alternative lifestyle choices. I have handled many high net worth and high-profile divorces and other matrimonial issues, and I have more than 200 appearances on Court TV.
I represent people who are gay, bisexual, transgender or transsexual regarding agreements and the financial dissolution and child custody issues arising in and from:
- Domestic unions
- Same-sex gay and lesbian marriages
- Cohabitation
- Partnership and separation agreements
There are many different and evolving laws to consider when entering a non-traditional cohabitation situation. I understand all aspects of matrimonial law as well as the divorce/separation event. I treat my non-traditional marriages and domestic partnership cases using the same approach with which I handle my traditional matrimonial and divorce law cases. I provide my clients with valued counsel to address the important legal considerations.
Some Important Considerations
There are a few important things that you should consider before entering into a legal nontraditional relationship and before making any major decisions that would affect the status of your relationship. Before you make this type of decision, call me. I can help you with:
- Tax considerations As the degree of state recognition given to nontraditional marriage and alternative living arrangements is in flux throughout New York and the entire country, it is to be expected that many of the tax consequences will change as well.
- Cohabitation agreements: Although New York does not perform legal same-sex marriages, our courts will recognize these marriages from other states. So a prenuptial or postnuptial agreement of a traditionally married couple, preparing for child custody, division of property and other issues for the possible event of separation in the future provides useful guidance and precedent.
- Separation agreements: Whether you are legally ending a same-sex or other alternative marriage from out of state or are ending a nontraditional, cohabitation relationship, I know how to negotiate the settlement agreement to maximize the benefit for you while minimizing the tension on your already strained relationships as much as possible.
For all of my clients in need of legal representation regarding nontraditional marriages and domestic partnerships, I will provide you with the experienced, skilled legal help you need.
For a free consultation with a lawyer, either call my New York office or contact me online.
