Nassau County in New York recognizes common law spouses through the Common Law Spouse Declaration or Affidavit. This legal document is used to establish the existence of a common law marriage when both individuals meet the specific requirements. A common law marriage is a type of marriage that is not performed through a formal ceremony but is instead established through mutual agreement and shared life. It is important to note that not all states or counties recognize common law marriages, and it varies from jurisdiction to jurisdiction. In Nassau County, New York, individuals seeking to establish their common law spouse status can file a Common Law Spouse Declaration or Affidavit with the appropriate authorities. This written statement serves as proof of their intention to be married and their cohabitation as a married couple. To be eligible for the Common Law Spouse Declaration or Affidavit in Nassau County, New York, the couple must meet certain criteria. These criteria may include but are not limited to: 1. Mutual Agreement: Both individuals must agree to be married without a formal ceremony. 2. Presenting as Married: The couple must present themselves as married to the community, family, and friends. 3. Cohabitation: They must have lived together continuously for a significant period, often referred to as a "holding out period." 4. Reputation: The couple should have a reputation in the community as being married. While a general Common Law Spouse Declaration or Affidavit covers the basics of establishing a common law marriage, there may be additional types or variations depending on specific situations or requirements. For example: 1. Joint Property Ownership: If the couple jointly owns property or assets, an additional Joint Property Ownership Affidavit may be required to document their shared ownership, further strengthening their case for common law marriage recognition. 2. Witness Statements: In some instances, it might be necessary to gather witness statements from people who can attest to the couple's relationship and their presentation as a married couple. These statements can be submitted alongside the Common Law Spouse Declaration or Affidavit. 3. Dissolving Common Law Marriage: If a couple wishes to dissolve their common law marriage, they may need to file a Dissolution of Common Law Marriage Affidavit or Declaration, outlining their decision to separate and any relevant details. It's important to consult with a legal professional specializing in family law in Nassau County, New York, to understand the specific requirements, process, and any additional variations or types of declarations or affidavits related to common law marriages.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.