If it is ? then how long do you need to be together to be considered a common law marriage ? And what makes it a divorce ? just moving out ?Is a common law marriage recognized in NY or NJ?
You cannot ESTABLISH a common marriage in either New York or New Jersey. But both states will recognize common marriages established in the few states that still permit them.
See the following paragraph from ';Is Common Law Marriage an Alternative to the Real Thing?'; by Rebecca Berlin, publishd in AllLaw.com:
';... a common law marriage cannot be established in most states. Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one. However, if you enter into common law marriage while living in one of the states that permits them, and then move to a state that doesn't, the new state should recognize your marriage as being legally entered into in the other state.';
As for divorce, read this from the same article:
';Suppose you opt for the common law marriage believing that, if the relationship ends, you'll avoid a nasty divorce proceeding. This is a bad reason to have a common law marriage. A common law marriage is legally recognized as a marriage and the way to end it is by getting a divorce. You won't be able to escape the formalities on this end as you did at the beginning. In fact you might find your divorce a little more complex, because first there will have to be a trial to prove whether or not you were married. If the court decides that your relationship was a common law marriage, then you'll need to get a divorce to end it.';
There are other potential complications. The following, too, is from the same article:
';Your common law wife is killed in an automobile accident. The accident is the other driver's fault and you want to file a wrongful death lawsuit so that you can be compensated for your loss and your deceased wife's loss. In order to have standing to bring the suit, you need to have a legally recognized relationship to the deceased. The issue of whether or not your relationship constituted a common law marriage may end up being litigated.';
Click on the link, below, for the rest of this very informative and well-written article.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment