New York Law (NYLE) Practice Exam

Does New York state recognize common law marriages from other jurisdictions?

1. No, common law marriages are not recognized at all.

2. Yes, but only if the marriage adheres to New York law.

3. Yes, unless the marriage involves incest or bigamy.

4. Only in cases of marriages established before a specific year.

The correct answer is: Yes, unless the marriage involves incest or bigamy.

New York state does recognize common law marriages established in other jurisdictions, particularly if they do not involve legal impediments such as incest or bigamy. This means that if a couple legally established a common law marriage in a state that permits it, New York will honor that marriage as long as it meets its own legal standards regarding consanguinity (incest) and the legality of the previous marriages (bigamy). This principle stems from the Full Faith and Credit Clause of the U.S. Constitution, which requires states to recognize the public acts, records, and judicial proceedings of every other state. As long as the marriage is valid in the state where it was created, New York will typically accept that marriage unless it conflicts with New York's public policy. This recognition facilitates a legal framework for couples moving from states with common law marriage statutes to New York, providing them legal standing as married individuals under New York law.