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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114029
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer Question

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Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question?
Customer: replied 1 month ago.
If a person got married in New york state in 1998, but the marriage was never registered and never had a licence is the marriage legal? was it ever a legal marriage? how would I prove or disprove the validity?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Marriage without a license or registration in NY is not considered a valid legal marriage. However, if at least one of the spouses were in good faith in the marriage, they can get common law benefits from a marriage before the marriage is declared void by the court. So, there can still be benefits flowing from the voidable marriage entered into without a license and without registration. This means that the party in good faith could actually get their marital share of the marital community and even spousal support.
So, while the marriage is voidable, there can still be some consequences.
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Customer: replied 1 month ago.
How would I get the marriage voided?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
You would have to file a suit in Supreme Court Civil Division to void the marriage, just like a divorce. If either party was in good faith, then you would also ask the court to divide the property if you cannot agree upon the division and potentially spousal support as well.
Customer: replied 1 month ago.
if I was to file to get the marriage voided, would my former partner be able to contest it just as if it were a divorce?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

Yes if you file a petition to void your marriage, that is no different in court than filing a divorce and the other partner would have a chance to file an answer and object and try to prove how the marriage was legal and legitimate. IF they are able to do so, that only means the court handles it like a divorce and not like a voided marriage.

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