Legal Question in Family Law in District of Columbia

Re: Is common law marriage considered legal?

Dear Client,

if you were never married, in other words, you never had a marriage license, a marriage certificate, never had a cerimony in front of an official representative of the state, or church (who would then have turned around and registered you as married)... no you are not married and you are free to marry anybody you'd like. as far as you boyfriend coming over with a fiance visa, after he arrives you have 90 days to get married and then he would have to file for adjustment of status ... otherwise he would be overstaying his visa.... watch for the new immigration laws and procedures! I practice in D.C. family law and immigration law. If you need further help, feel free to contact me at 202/271-5983.

Sincerely,

Tiziana Ventimiglia, Esq.

Re: Is common law marriage considered legal?

The only real legal question is whether the state of New York recognizes common law marriage and whether the relationship which you had meets the requisite criteria, neither of which I can reliably answer.

I have no doubt, however, that just about any New York family law practitioner would know the answers to your questions.

Re: Is common law marriage considered legal?

Addendum to previous answer: As far as I know, the District of Columbia still recognizes so-called common law marriages as valid. Therefore, if it were determined that under the law of New York your 30 year relationship with the father of your children constituted a common law marriage, then that marriage would, also, be recognized under the marriage laws of the District of Columbia.