Legal Question in Family Law in New York

No recorded license, no legal marriage?

Hi! A couple has been married in Suffolk County, NY in 1978. Thet were married in an Epicopal Church and there is a record of the marriage occuring at that church. The couple is now divorcing. However, after a search by the defendant with New York State, NYS says that there is no record of the marriage taking place. The license was never filed. Is the couple legally married? Thanks!


Asked on 5/18/05, 12:11 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: No recorded license, no legal marriage?

Generally, a church person officiating at a marriage, is required to "record" the couples' licensing info on their church documents.

Therefore, the couple might be able to obtain sufficient documentation for proof of the marriage existence, for protection of marital property rights.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 5/18/05, 9:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York