Legal Question in Family Law in New York

Re: Entitlement to Common Law Marriage

Whether or not he had a common law marriage in Ontario is a question of Ontario law. It is my understanding (I previously taught law in Canada but I am not admitted as a lawyer there) that in Ontario (and other 'common law' provinces in Canada, a common law relationship commences when the parties have lived together as man and wife or for a certain period of time. Ontario�s Family Law Act specifically provides that people who have lived together for three years, or have had children together, are under the same legal obligations for spousal and child support as married couples. The commonlaw relationship ends when the two people stop living together. You do not have to go through a divorce to end a common law relationship. Although the relationship ends, some rights and responsibilites may continue.

If there is no cohabitation agreement and if your boyfriend and his ex-girlfriend cannot agree on the terms of their separation, either of them can go to court and have a judge decide how their financial relationship should end. But this will not prevent your boyfriend from marrying you. However,he must obtain a divorce from his English wife. Jeremy Morley 212-684-2210

Re: Entitlement to Common Law Marriage

There does not appear to be divorce jurisdiction in New York.

What does your boy friend's attorney say about this problem?

www.BravermanLawFirm.com

Re: Entitlement to Common Law Marriage

Mr. Morley is correct. However, there is one other thing that you must consider, jurisdiction.

Based on your question, it seems that only your boyfriend is in New York.

NY CPLR section 302 states the following:

"A court in any matrimonial action or family court proceeding involving a demand for support, alimony, maintenance, distributive awards or special relief in matrimonial actions may exercise personal jurisdiction over the respondent or defendant notwithstanding the fact that he or she no longer is a resident or domiciliary of this state, or over his or her executor or administrator, if the party seeking support is a resident of or domiciled in this state at the time such demand is made, provided that this state was the matrimonial domicile of the parties before their separation, or the defendant abandoned the plaintiff in this state, or the claim for support, alimony, maintenance, distributive awards or special relief in matrimonial actions accrued under the laws of this state or under an agreement executed in this state. The family court may exercise personal jurisdiction over a non-resident respondent to the extent provided in sections one hundred fifty-four and one thousand thirty-six of the family court act."

Since the parties were neither married in New York, lived in New York, and no agreements were entered in New York, the courts here would not have jurisdiction to render a decision against the defendants.

Mike.