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.
1 Answer from Attorneys
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.
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