Weedsport, NY asked in Divorce for New York

Q: Does New York state recognize common law marriages from other states? If so how do I go about getting it annulled?

I have a common law marriage from Colorado and am wanting to get it annulled if at all possible.

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Williamsville, NY
  • Licensed in New York

A: New York State does recognize common law marriages from other states. To get the marriage annulled, you must show the marriage is void or voidable. A marriage is void if it is incestuous or bigamous. A marriage is voidable for lack of legal age, incapacity to give consent for want of understanding, physical cause, mental illness or where the consent was obtain by force, duress or fraud.

In order to obtain an annulment, you must establish facts that demonstrate the marriage was void or voidable.

Based on the facts you have described, it is difficult to tell whether you have a sufficient factual basis to justify an annulment.

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