Marriage is a special bond between two people. Usually, when people get married, they have a big ceremony and sign papers to make it official. But did you know that some people believe you can be married without a wedding or signing any papers? This idea is called common law marriage. Today, we will talk about whether you can have a common law marriage in New York City and what that means.
What is Common Law Marriage?
Before we talk about New York City, let’s understand what a common law marriage is. A common law marriage happens when two people live together for a long time and act like they are married, even though they never had a wedding or signed a marriage certificate. In some places, these couples can still be treated like they are legally married, even though they never officially tied the knot.
Couples in a common law marriage may share things like a house, money, or even raise kids together. They may tell people they are married, even though they never went to the courthouse. This kind of marriage is not the same as a traditional one, but in some places, it is recognized as a real marriage.
Does New York City Recognize Common Law Marriage?
Now, let’s answer the big question: Does New York City have common law marriage? The simple answer is no. In New York City, common law marriage is not recognized. This means that even if you live with someone for many years and act like you are married, the law won’t say you are married unless you officially get married.
In New York City, you have to get a marriage license and have a ceremony to be considered legally married. This is the only way the city will recognize your marriage. Even if you’ve been with your partner for 10, 20, or even 30 years, without that official paperwork, you won’t have the same rights as a married couple in the eyes of the law.
Why Doesn’t New York City Recognize Common Law Marriage?
You might wonder why New York City doesn’t recognize common law marriage when some other places do. The state of New York decided many years ago that marriage should be official and formal. This means the only way to be married in New York is by getting a marriage license and having a ceremony.
The law wants to make sure that there is clear proof of marriage, and that both people understand they are entering into a legal agreement. It helps protect people in case there is a disagreement or a breakup. If you are legally married, there are laws in place to help decide what happens to your property, money, or children. Without an official marriage, it can be harder to figure those things out.
Can Common Law Marriages From Other States Be Recognized in New York City?
Here is another interesting fact: even though New York City doesn’t allow new common law marriages, it will recognize common law marriages from other places. This means if you and your partner were in a common law marriage in a state where it’s allowed, and then you moved to New York, the city will recognize your marriage.
For example, let’s say you lived in a state like Colorado, where common law marriages are allowed. If you lived with your partner there and were considered married under their common law, and then you moved to New York City, New York would recognize your marriage as legal.
What Rights Do Married Couples Have in New York City?
When two people are legally married in New York City, they get a lot of rights. These rights protect them and make sure they are treated fairly. Here are some things that legally married couples can do that unmarried couples can’t:
- Inheritance: If one person dies, their spouse has the right to inherit their money and belongings, even without a will.
- Health Decisions: A spouse can make important health decisions for their partner if they get sick and can’t decide for themselves.
- Taxes: Married couples can file their taxes together, which may save them money.
- Social Security: A spouse can get Social Security benefits if their partner passes away or if they are retired.
- Property Rights: If a couple buys a house or car together, it’s easier to decide who gets what if they are legally married.
These rights are only available to people who are officially married. So if you are in a common law marriage in a state that allows it, or you are thinking about moving to New York City, it’s important to know the difference.
What Should Couples in New York City Do If They Want Marriage Rights?
If you live in New York City and want the same rights as married couples, the best thing to do is to get legally married. Even if you have been with your partner for many years and already live together, the law will not see you as married unless you go through the official process.
Here’s what you need to do to get legally married in New York City:
- Get a Marriage License: You and your partner will need to apply for a marriage license at the city clerk’s office. Both of you need to show up in person and bring identification.
- Wait 24 Hours: After you get your marriage license, you have to wait at least 24 hours before having your ceremony. This gives you time to make sure you really want to get married.
- Have a Ceremony: After the 24-hour wait, you can have your marriage ceremony. This can be at the courthouse or another place with a person who is allowed to perform marriages.
- File the Paperwork: After the ceremony, your officiant will file the paperwork, and you will be officially married.
Once you complete these steps, you will be recognized as a married couple in New York City, and you will have all the legal rights that come with marriage.
Alternatives to Common Law Marriage in New York City
If you don’t want to get legally married, but you still want to protect your rights as a couple, there are other things you can do. Here are a few options:
- Cohabitation Agreements: This is a contract that you and your partner can sign that explains how you want to share property, money, and other things. It can help protect both people if the relationship ends.
- Wills and Power of Attorney: You can create a will to make sure your partner gets your belongings if you pass away. You can also sign a power of attorney to allow your partner to make health or financial decisions for you if you can’t.
- Domestic Partnerships: In New York City, you can register as a domestic partnership. This is different from marriage, but it still gives some legal rights, like being able to visit each other in the hospital or getting some tax benefits.
Conclusion
Even though common law marriage in New York City is not allowed, there are many ways you can protect your relationship and your rights. If you want all the benefits of marriage, the best option is to go through the official marriage process. This will give you and your partner peace of mind, knowing that the law will protect you just like any other married couple.
For those who choose not to marry, there are still legal steps you can take to make sure your relationship is protected. Whether it’s through cohabitation agreements, wills, or registering as domestic partners, you can find a way to keep your bond strong.
