Legal Question in Family Law in New York

Prison Marriages

I am interested to know if prison marriages are legal and if so, how legal is a prison marriage if the certificate does not contain the imprint of the seal. The second part of my question is, does one have to get a divorce if they never lived with their ''spouse'' at anytime after said ''marriage''? Please advise. Thank you.


Asked on 2/07/05, 1:27 am

1 Answer from Attorneys

John O'Donnell Attorney at Law

Re: Prison Marriages

A marriage is valid if it was performed pursuant to law. The documentation itself does not make it valid. So if there is a defect in the documentation, but the marriage is recognized by the state, the marriage is legal.

If you are legally married, you must obtain a divorce to end the marriage. It is not suffiicent to live separate and apart.

If you need an attorney, please feel free to keep me in mind (212) 971-1384.

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Answered on 2/07/05, 10:50 am


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