Cleveland, OH asked in Family Law for New York

Q: 1. Did NY have laws on the books in 1936 that would require a person be a resident of NY in order to be married in NY?

2. When was the 1936 marriage 3 day "gin law" passed, and would it have been enacted or enforceable?

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1 Lawyer Answer
Peter Christopher Lomtevas
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Answered
  • Schenectady, NY
  • Licensed in New York

A: Certainly every state had residency requirements in 1936 as did New York. The law distributing marital property upon divorce was different than it is today, but residency was a factor in being able to marry.

Another factor of circumstance is that without an internet and computer record keeping, divorces were lax as were remarriages in 1936. That tightened up by the 1960s and today a second marriage is picked up quickly and easily.

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