Is Common Law Marriage Recognized in NY?

New York is a state with a myriad of legal nuances, especially when it comes to family law matters. One of the frequently asked questions we encounter at Cedeño Law Group, PLLC is: “Is common law marriage recognized in New York?” The short answer is no, but let’s delve deeper to understand the intricacies surrounding this topic.

What is Common Law Marriage?

Before we discuss its recognition in New York, it’s essential to understand what a common law marriage is. A common law marriage occurs when a couple lives together for a certain period, holds themselves out as a married couple, and intends to be married, but has never undergone a formal marriage ceremony or obtained a marriage license. Such a relationship gives rise to certain rights and obligations similar to those of traditionally married couples in some states.

New York’s Stance on Common Law Marriage

Historically, New York did recognize common law marriages. However, this changed in 1933. Since then, New York has not allowed the creation of new common law marriages. That means no matter how long a couple has lived together in New York or how they present their relationship to others, they will not be considered legally married under state law unless they obtain a formal marriage license and participate in a marriage ceremony.

Recognition of Out-of-State Common Law Marriages

While New York does not allow the formation of new common law marriages, it does recognize common law marriages that were validly formed in other states. This is based on the principle of “full faith and credit,” which mandates states to respect the “public acts, records, and judicial proceedings” of other states. So, if a couple had a common law marriage in a state that recognizes such marriages and then moved to New York, their marriage would typically be recognized in New York as well.

Another Choice: Domestic Partnerships in NY State

A domestic partnership is a legally recognized relationship status that offers unmarried couples—both same-sex and opposite-sex—a way to document and validate their relationship. While it’s not the same as marriage, it does provide couples with certain rights and benefits.

Who Can Register for a Domestic Partnership in New York?

To register for a domestic partnership in New York City, couples must meet the following criteria:

• Shared residence: Both individuals must have a common residence, either in the present or the past. This does not mean they cannot have additional residences.
• Both are 18 years or older: Each partner must be at least 18 years old.
• Neither party is married or in another domestic partnership: This applies unless their spouse or domestic partner has been missing for seven years or longer, they are legally separated, or one party has a signed affidavit stating their previous domestic partnership has ended.
• Not closely related: The partners cannot be so closely related by blood that it would bar them from marrying in New York.
• Proof of cohabitation: Both parties must prove they are in a close and committed personal relationship and have lived together continuously for a significant period.

Rights Conferred by Domestic Partnership

While domestic partnerships do not grant the full array of rights that marriages do, they confer several critical benefits, including:

Health Benefits

Many employers in New York offer health insurance coverage to the domestic partners of their employees.

Housing Rights

Domestic partners have rights related to rent-controlled or rent-stabilized housing.

Hospital Visitation

Domestic partners have the right to visit their partner in hospitals and other healthcare facilities in New York.

Sick and Bereavement Leave

Domestic partners can take sick or bereavement leave to care for their partner or due to their partner’s death.

Death Benefits

If a public employee dies, their domestic partner may be eligible for certain benefits.

Dissolving a Domestic Partnership

Just as they can be established, domestic partnerships can also be dissolved. This process involves filing a termination statement with the City Clerk. It’s crucial to note that ending a domestic partnership can have legal consequences, especially regarding property rights, which is why seeking legal counsel might be beneficial.

Need Personalized Guidance on Domestic Partnerships?

Navigating the nuances of domestic partnerships in New York can be complex. Whether you’re considering entering a partnership, seeking to understand your rights, or contemplating dissolution, it’s crucial to have experienced legal professionals by your side.

At Cedeño Law Group, PLLC, we prioritize your needs and are dedicated to providing clear, concise, and tailored advice. Don’t leave your relationship status to guesswork—reach out to us today for comprehensive counsel you can trust.

FAQs on Domestic Partnerships in New York

Can same-sex couples enter into a domestic partnership in New York?

Yes, both same-sex and opposite-sex couples can register for a domestic partnership in New York.

Is a domestic partnership the same as a marriage?

No. While a domestic partnership provides certain rights and benefits, it does not confer the full array of legal rights and responsibilities that marriage does in New York.

Do we need to be New York residents to register for a domestic partnership in New York City?

At least one of the partners must be a resident of New York City to register.

If we’re registered as domestic partners in another state, will New York recognize our status?

New York generally recognizes domestic partnerships established in other jurisdictions, but the rights and benefits may vary based on local laws and regulations.

Can we get married if we’re already in a domestic partnership?

Yes, you can get married even if you’re in a domestic partnership. However, in many cases, getting married will automatically dissolve the domestic partnership.

How can we terminate our domestic partnership?

To terminate a domestic partnership in New York, you must file a termination statement with the City Clerk. It’s essential to understand the potential legal consequences of doing so, especially regarding shared property or assets.

Do domestic partners have the same property rights as married couples?

No. Domestic partners in New York do not automatically have the same property rights as married couples. Issues like property division might not be as clear-cut as they are in a traditional marriage.

Do children born during a domestic partnership have two legal parents?

The status of a domestic partnership does not automatically confer parental rights. Issues like adoption, surrogacy, or biological relationships can affect parental rights and responsibilities.

Can domestic partners file joint tax returns?

In New York, domestic partners cannot file joint state tax returns like married couples. It’s essential to check with a tax professional regarding federal tax implications.

If my partner and I registered for a domestic partnership but now live outside of New York, can we dissolve it from our current location?

You can file for termination of the domestic partnership by mail if you no longer reside in New York. However, ensure that all requirements are met, and it might be helpful to consult with a New York family attorney to guide you through the process.