Understanding Common Law Marriages: Insights from a New York Family Law Attorney

Common Law Marriage: A Theoretical Framework

Common law marriage, an informal type of union that’s legally recognized in some jurisdictions, often stirs confusion among those involved in long-term relationships without a formal marriage ceremony. A key area of misunderstanding is the fact that not all states recognize common law marriages. For instance, in the state of New York, these types of marriages are not recognized. Therefore, Juan Luciano, an experienced New York family law attorney, deems it critical for cohabiting couples to comprehend this distinction and take active steps to safeguard their rights.

New York’s Stance on Common Law Matrimony

Luciano, who practices at Juan Luciano Divorce Lawyer, elucidates that despite being living together for an extended period, New York couples without formal marriages aren’t granted the same legal privileges and protections as those who are legally wedded. These protections include but are not limited to spousal rights, including housing, inheritance, and maintenance benefits. Therefore, parties involved should seek law consultation that could lead them to explore legal avenues such as cohabitation agreements.

Cohabitation Agreements: A Legal Buffer For Cohabiting Couples

Cohabitation agreements offer a brilliant legal solution for couples who are cohabiting without a formal marriage in states like New York. These are legal contracts that basically outline the financial responsibilities of both individuals during the relationship and specify the terms that would apply in case of separation. Although such legal tools offer strong protections, they might still fall short of comprehensive benefits that accompany formal marriage, like spousal support and division of property.

Consequences of a Legitimate Common law Marriage in Other States

For couples who have entered a common law marriage in a state where it’s recognized, and then moved to New York, the scenario changes. New York law acknowledges these kinds of marriages. The state ensures that these couples can access the full range of marital rights as long as they satisfy the original state’s conditions for a common law union. This includes potential entitlement to alimony or maintenance, a significant financial aspect that often arises upon the dissolution of a relationship.

Alimony: A Key Consideration in Common Law Unions

Luciano explains that for legally married couples, alimony, or spousal support, is generally available upon dissolution or divorce of the relationship. However, couples cohabiting in New York cannot claim this safety net upon separation, unless, as previously mentioned, they can prove that their common law marriage met the requirements in the state where the union was formed. This unique scenario highlights the necessity for professional legal intervention to protect the rights and interests of both parties involved.

The Need for Skilled Legal Assistance

Luciano asserts the importance of professional legal guidance in dissecting these complex issues. Those unsure about their legal standing or uncertain on the steps required to protect their assets should seek advice from knowledgeable professionals. From creating enforceable cohabitation agreements to managing spousal support implications of recognized common law marriages, professional legal advice from experts like Juan Luciano Divorce Lawyer can effectively navigate the matrimony law labyrinth.

About Juan Luciano Divorce Lawyer

With a quest for clear communication and realistic solutions, Juan Luciano Divorce Lawyer offers services concentrating on family law, encompassing divorce, custody, and marital agreements. Clients can expect personalized advice tailored to their circumstances, thereby helping them deal with family law matters in New York with confidence and ease.

Originally Post From https://www.openpr.com/news/3813201/new-york-family-law-attorney-juan-luciano-discusses-legal

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