Because there are so many ways to orient a family structure, it is important to know your options before diving into any conventions or agreements. Understanding the benefits of different types of relationships can help you make an empowered decision about your future. It can, therefore, be useful to examine common law marriage in New York.
Common law marriages are widely misunderstood. Common law marriage in New York was abolished, for instance. Many people believe that they understand them or even believe themselves to be in one, but they do not know the real facts about common law marriage criteria and laws. If you have considered common law marriage, it is essential to understand the conversation surrounding these relationships.
Hire a Common Law Marriage Lawyer
Common law marriage is not recognized for residents of New York State, but New York does recognize common law marriages established in other states. To have your common law marriage recognized, you should hire a divorce lawyer in Rochester, NY, from Trotto Law Firm, P.C., to represent your interests.
Common Law Marriage: The Basics
Common law marriage is a relationship in which two people live together as spouses, but they have not gone through any ceremonies or legal agreements. Many states offer common law marriages as an official option, and couples may even get certain benefits of marriage without being legally married. However, New York is not one of those states.
New York State cannot grant a common law marriage as an official relationship status. Though you are free to live with a long-term partner and refer to them as your spouse if you wish, you will not get any of the legal benefits of marriage unless you are actually married by law.
The only exception is couples who entered a recognized common law marriage in New York prior to April 29, 1933, when common law marriages were abolished. This change was made to emphasize the importance of formally deciding to get married.
New York State should recognize common law marriages from other states if the couple has met all that state’s requirements and gone through the process there. However, no new common law marriages can be granted in New York.
This may seem discouraging for those who do not want to get married in the traditional sense. However, it is important to know that there are other options available to you.
Domestic Partnership
Though common law marriages are not an option, domestic partnerships are a wonderful choice for those looking for an official, state-recognized relationship status. You do not get all the benefits of marriage with a domestic partnership, but you do get some.
The requirements for a domestic partnership in New York City are that you and your partner:
- Live together and can both show proof of the same address.
- Are both New York City residents (or residents of the county you are applying in if you live outside the city).
- Are both 18 years old or older.
- Have a close personal relationship and have been residing together for some time.
- Are not related in a manner that violates New York incest laws.
- Have not been part of another domestic partnership for the past six months.
Notice that, technically, you do not need to be in a romantic relationship to get a domestic partnership. You can enter into a domestic partnership with a close platonic partner or friend if it is appropriate and necessary in your situation.
Benefits of Domestic Partnership
Domestic partners have some key benefits that are not granted to common law marriages. These include:
- Hospital and prison visitation
- Family leave for medical or bereavement reasons
- Health benefits
- Occupancy or tenancy rights
- New York City housing privileges
Though these are not all the benefits of a married couple, they offer significant advantages for those who want options other than marriage. Domestic partnership was initially the choice of many LGBTQ+ couples who were not permitted to marry, but the option is available to couples of any gender or orientation. Marriage is also legal for couples of any gender in the United States as of 2015.
States That Recognize Common Law Marriage
Even though New York does not recognize common law marriages, it does recognize legal common law marriages from other states. Only 15 states and the District of Columbia recognize common law marriage as a legal marital status. Those include:
- Colorado allows common law marriage after 2006 as long as both partners are legal adults and present themselves as spouses in the community.
- In Iowa, when couples provide proof they want to be married, continuously cohabitate as spouses, and appear as a married couple in the community, they can officially claim to have a common law marriage.
- Kansas recognizes common law marriage when both partners are legal adults, agree to be married, and present themselves as spouses.
- In Montana, common law couples must be legal adults, agree to be married, and cohabitate as a couple.
- New Hampshire recognizes a couple as common law married if they have lived together as husband and wife for at least three years.
- Oklahoma statutes require a marriage license, but case law recognizes common law marriages.
- Rhode Island recognizes common law marriage through case law.
- Texas recognizes common law marriage when the couple agrees to be married, presents themselves as married, and lives together.
- Utah does not have traditional common law marriage, but couples who live together, are of legal age, and assume marital duties can petition the court to be recognized as marriages not solemnized, which gives the same benefits as general cohabitation.
Several states used to recognize common law marriage similarly to New York. Those states include:
- Alabama before 2017
- Florida before 1968
- Georgia before 1997
- Indiana before 1958
- Ohio before 1991
- Pennsylvania before 2005
- South Carolina before 2019
Ways to Prove Your Out-of-State Common Law Marriage
If you move to New York and have a common law marriage from another state, there are steps you can take to have your marriage recognized in New York. These include:
- Determine the common law requirements for your state.
- Gather evidence of your common law marriage.
- If your state has official records of your common law marriage, request copies.
- Consult a common law marriage lawyer.
You are going to need evidence of your common law marriage before it can be recognized in New York. Some forms of evidence could include:
- Financial documents, such as joint bank statements, joint tax returns, property deeds, or shared credit cards
- Identification showing a shared surname and address, such as a driver’s license or passport
- Legal documents that name your partner as your spouse, such as a will, beneficiary designations, or Power of Attorney
- Sworn statements or affidavits from family, friends, or coworkers who know you as a married couple
- Public records showing you as a married couple, such as social media accounts or shared invitations
FAQs About Common Law Marriage in New York
What Do You Need to Prove Common Law Marriage in New York State?
New York State does not grant common law marriages, though it should recognize them from other states if you have met their common law marriage qualifications. However, there are no benefits for common law marriages in New York State, so there is no proof required in any situation. If you wish to enjoy benefits, you must be legally married or in a legal domestic partnership. A New York common law marriage attorney can provide guidance on your unique situation.
How Long Do You Have to Live Together to Be Common Law Married in NY?
Common law marriages are not granted in New York, so you can live with a partner for your entire life, but you cannot be considered married unless you get legally married. If you do not wish to be married, you can enter into a domestic partnership and get some of the benefits that married couples get. However, there is no length of cohabitation that results in a common law marriage in New York.
Do Unmarried Couples Have Rights in New York?
No. Unless you are married or in a domestic partnership, you do not get any special relationship rights or privileges in New York. Common law marriages are not recognized in New York State, and therefore, unmarried couples do not automatically get rights after cohabiting for a certain time. If you wish to have rights as a couple, you must enter into a legal marriage or legal domestic partnership.
Can I See My Partner in the Hospital If We Aren’t Married?
If your partner is in the hospital and you are unmarried, you do not have any rights beyond being a visitor or friend. Medical professionals cannot release information to you or allow you additional access to your loved one unless they give you specific authorization. However, if you are in a domestic partnership, you should get visitation rights in a hospital setting. To have full medical access to your partner, you need to be married.
Contact Trotto Law Firm, P.C.
Our team can help you with any family law issues that may arise, including marriage, divorce, prenuptial agreements, domestic partnership paperwork, and more. We have over a decade of experience in family law and can provide you with high-quality legal counsel. Contact Trotto Law Firm, P.C., today to schedule your initial consultation.
