You may assume that living together for many years creates the same rights as a formal marriage. In New York, that assumption can lead to disputes after a death or separation. Common law marriages in Staten Island are not created under New York law, but could be formed in another jurisdiction and recognized here, which can affect probate, intestacy, and spousal benefits. The difference often depends on proof and on the law of the state where the relationship arose.
A probate attorney could help you evaluate recognition, preserve evidence, and align your filings with state requirements. Our goal is to resolve status questions early so administration does not stall while the Surrogate’s Court weighs your spousal standing.
New York, including Staten Island, does not recognize common law marriages. Marriages in the state must follow the licensing and solemnization requirements outlined in Domestic Relations Law § 11-3. At the same time, state courts generally recognize marriages valid where contracted—this includes common-law marriages from other jurisdictions—unless recognition is barred by “positive law” or public-policy exceptions.
A marriage valid in the place of celebration is recognized unless a statute forbids it or it violates fundamental public policy (for example, incest or polygamy). Courts often repeatedly cite this rule, including when upholding the recognition of out-of-state common law marriages.
If your out-of-state common law marriage is recognized in Staten Island, you may be treated as a surviving spouse. That status controls major rights, including:
Each item depends on spousal status, so resolving recognition upfront avoids downstream delays in accounting, notices, and distributions.
Spousal status also affects practical steps, including who signs petitions, who receives citations and waivers, and who may request information from financial institutions. At the Law Offices of Louis P. Lepore, we align filings and services with your asserted status, and when necessary, we seek a court determination to ensure that administration can proceed without uncertainty.
In a Staten Island court, recognition of common law marriage is based on demonstrating its validity under out-of-state law. Courts often look for evidence such as an express present-tense intent to marry (if required by the state), consistent cohabitation, joint tax filings, insurance designations, and how the couple presented themselves to others. We could collect sworn statements and records, coordinate affidavits from witnesses, and frame the proof to match the other state’s requirements for recognition.
If a dispute arises, we prepare motion papers and present the choice-of-law analysis with supporting exhibits. Where appropriate, we could request that the court make an early determination of spousal status, so that letters and distributions are not delayed.
If you need guidance about common law marriages in Staten Island and probate, The Law Offices of Louis P. Lepore could help. We analyze where your relationship was formed, the applicable law, and the evidence required for recognition. Contact us to discuss a recognition strategy and the next steps you could expect in Richmond County Surrogate’s Court.
(718) 354-8646