Marriage

If you have questions about how your state's laws may address the issues in your marriage or family, contact our firm to schedule a consultation with an experienced family law attorney.

Family Law Practice Center

When facing a family legal issue, it is important to know your options and how to protect your rights. Whether you are facing divorce, a support or child custody dispute, or an appellate matter, an experienced attorney can provide sound counsel and guidance to secure your personal rights and the best interests of your family. At Bender Rosenthal Isaacs & Richter LLP, we offer experienced strategic advocacy focused on diverse needs of our New York clients. Our attorneys are highly respected and skilled negotiators and trial attorneys. We provide the service, counsel, and advocacy that you need to protect your interests when confronting a familial dispute.

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Trusted family law advocates. Please call our lawyers at 212-725-7111 or contact us by e-mail for an initial consultation or case evaluation.

Call our offices at 212-725-7111 or contact us by e-mail to schedule an initial consultation or case evaluation with a highly regarded and experienced New York City family law attorney.

Marriage is a voluntary, private contract between two adults. While it is a personal and emotional commitment, it is also a legal relationship that changes the legal status of both parties. A family law attorney from Bender & Rosenthal LLP in New York, New York, can help you to understand the legal technicalities of marriage.

The legal rights and obligations associated with marriage have evolved with our society and today are the same for both spouses. Each state has its own rules about marriage, but there are some uniform principles, including:

Who Can Marry Whom. Each state prohibits marriage between brothers and sisters, parent and child, and some prohibit marriage between aunt or uncle and niece or nephew. Most states will not issue a marriage license to a same-sex couple.
Age Requirements. Each state has a minimum age requirement, typically 18 years. Many states permit marriage at a younger age if parental consent is given.
Residency. Most states require one or both of the parties to reside in the state for a specific period of time before issuing a marriage license.
Medical Exam and Licensing. Some states require the completion of a medical exam and blood test before issuing a marriage license. The blood test screens for venereal diseases, rubella, sickle cell anemia, AIDS, and other diseases. The marriage license must be issued by a designated public official.
Ceremony and Officials. Some states require a formal ceremony of some kind with witnesses and a licensed public or religious official.

There are several legal benefits to marriage. There are both federal and state laws available only to married people. Other benefits include Social Security benefits, inheritance rights, property rights, the ability to sue third parties for the wrongful death of a spouse or loss of consortium, and the right to make medical decisions on a spouse's behalf.

Common Law Marriage

Many couples believe they will achieve a common law marriage and be entitled to the legal benefits and obligations of married couples if they live together for a significant period of time. It is not quite that simple. Each state defines the requirements that must be met to legally qualify as married. Generally, a common law marriage is recognized when a heterosexual couple lives together in a common law marriage state for a significant period. Among the states that recognize common law marriage, none define the time period, but typically a ten-year-old relationship is required. The couple must also have the intent to be married, which is generally measured by whether or not the couple presents themselves to the public as a married couple. Evidence of the necessary intent includes sharing the same last name, filing joint tax returns, and referring to each other as husband or wife.

Premarital and Cohabitation Agreements

Couples who are considering marriage or living together may benefit from talking to a family law attorney about the advantages of a premarital agreement (also called prenuptial agreement or antenuptial agreement) or a cohabitation agreement. Although not very romantic, premarital agreements are a useful tool for defining the legal relationships between two people, particularly as they relate to property. Generally, the intent of the agreement is to create a framework for handling money and property issues during the marriage or relationship and to create a roadmap for property division should the relationship eventually terminate.

Each state has its own laws about what can be included in a premarital agreement. Most states will not uphold agreements about child support and will not uphold agreements that were created fraudulently or unfairly. A number of states have also adopted the Uniform Pre-Marital Agreement Act. The Act dictates how premarital agreements should address property ownership, control, and management during the marriage and how property should be divided upon separation, divorce, or death.

Conclusion

Getting married is one of the most important things people do. Hopefully, it reflects a deep emotional commitment because it also truly changes the participants' legal statuses. By understanding your rights and obligations as a married person you may more fully appreciate the step you are taking. Before you marry or move in with your partner, consult a family law attorney at Bender & Rosenthal LLP in New York, New York, to identify any future issues that you need to resolve now to keep you and your beloved on the path of matrimonial or relationship bliss.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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